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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Land Claims and Mineral Rights in Namaqualand: a Comparative Legal Study
Author:Mwenda, Kenneth KaomaISNI
Periodical:African Journal of International and Comparative Law
Geographic term:South Africa
Subjects:land law
mining law
communal lands
Law, Human Rights and Violence
External link:https://heinonline.org/HOL/Page?handle=hein.journals/afjincol6&id=326&collection=journals&index=journals/afjincol
Abstract:This paper addresses the legal basis of the claims against government interference in and the transfer of land and mineral rights in the Namaqualand reserve of South Africa, and further examines the real property rights of the settled peoples of Namaqualand. Invariably, the paper borders between land law on the one hand and mining law on the other. References are made to the position of Aborigines in Australia and that of American Indians in the United States. The author briefly reviews the effects of the Abolition of Racially Based Land Measures Act of 1991 and other recent Acts such as the Minerals Act, no. 50 of 1991. He concludes that, assuming that South Africa may soon have to recognize the United States model of constitutional supremacy and its inherent characteristic of limiting executive powers against the rights of citizens, any subsequent legislation which purports to take away the proprietary rights of the people of Namaqualand should be declared unconstitutional. With reference to the Australian Mabo case, it could be argued that the residents of Namaqualand do enjoy communal ownership of land - ownership devolving from their ancestors by virtue of customary land tenure. This entails a timely, fair and reasonable compensation of the people of Namaqualand for any loss of land and mineral rights. Notes, ref.