All for One, One for All: The Interdependency of Secure Rural Land Tenure and South Africa’s Mining Economy

The expansion of mining investments into rural areas of South Africa has increasingly brought them into conflict with land-insecure customary communities, whose rights are protected under interim legislation. Despite these legal safeguards, customary landholding communities remain vulnerable to dispossession, often under pressure from powerful mining corporations supported by government policies prioritising foreign investment. This vulnerability is compounded by financial and socio-political pressures that make it difficult for communities to assert their land rights effectively. This paper examines the relationship between land tenure security in rural mining areas and the stability of mining investments. It explores how insecure land tenure affects community livelihoods and investor confidence, creating an unstable investment environment due to land disputes and inadequate legal protections. These challenges are considered within the broader context of national and continental efforts to address colonial-era land dispossession while navigating the socio-economic changes driven by mining activities. This paper explores the reciprocal relationship between land tenure security and investment stability. It explores how legally recognised land tenure for customary communities can contribute to a more stable and equitable investment climate, while also considering how a stable and equitable investment climate can, in turn, strengthen land tenure security for these communities. Through this analysis, the study advocates for a consent-based participatory framework that effectively safeguards community land rights while supporting responsible and sustainable mining investments. Additionally, the paper explores the government’s reluctance to support consent-based community participation and the political and institutional barriers preventing communities from having decision-making power over their land.

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Publication Details

Journal
Journal of Law Society and Development
Published
2025-05-26
DOI
https://doi.org/10.25159/2520-9515/17629
Primary Topic
Mining and Resource Management
Type
article
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article

All for One, One for All: The Interdependency of Secure Rural Land Tenure and South Africa’s Mining Economy

Lindani Mhlanga
Journal of Law Society and Development
Mining and Resource Management
article

All for One, One for All: The Interdependency of Secure Rural Land Tenure and South Africa’s Mining Economy

Lindani Mhlanga
article en

Abstract

The expansion of mining investments into rural areas of South Africa has increasingly brought them into conflict with land-insecure customary communities, whose rights are protected under interim legislation. Despite these legal safeguards, customary landholding communities remain vulnerable to dispossession, often under pressure from powerful mining corporations supported by government policies prioritising foreign investment. This vulnerability is compounded by financial and socio-political pressures that make it difficult for communities to assert their land rights effectively. This paper examines the relationship between land tenure security in rural mining areas and the stability of mining investments. It explores how insecure land tenure affects community livelihoods and investor confidence, creating an unstable investment environment due to land disputes and inadequate legal protections. These challenges are considered within the broader context of national and continental efforts to address colonial-era land dispossession while navigating the socio-economic changes driven by mining activities. This paper explores the reciprocal relationship between land tenure security and investment stability. It explores how legally recognised land tenure for customary communities can contribute to a more stable and equitable investment climate, while also considering how a stable and equitable investment climate can, in turn, strengthen land tenure security for these communities. Through this analysis, the study advocates for a consent-based participatory framework that effectively safeguards community land rights while supporting responsible and sustainable mining investments. Additionally, the paper explores the government’s reluctance to support consent-based community participation and the political and institutional barriers preventing communities from having decision-making power over their land.

Journal of Law Society and Development
University of the Free State (ZA)
Openalex Percentile: Top 84%
Mining and Resource Management
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All for One, One for All: The Interdependency of Secure Rural Land Tenure and South Africa’s Mining Economy — Lindani Mhlanga · Journal of Law Society and Development (2025) | TGRS Research Map | TGRS