Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)NoticesMine Community Resettlement Guidelines, 20225. Fundamental Principles for Resettlement |
| 5.1 | The following fundamental principles shall be taken into account: |
| (a) | Meaningful consultation: an applicant or a holder of a prospecting right, mining right or mining permit must consult meaningfully with landowners, lawful occupiers, interested and affected parties, holders of informal and communal land rights, mine communities and host communities. |
| (b) | Equality: the proposed resettlement must not violate the Constitutional right for vulnerable members of communities including women, children, people living with disabilities. In terms of the Constitution of the Republic of South Africa, everyone has a right to equal treatment. |
| (c) | Protection of existing rights: landowners, lawful occupiers, holders of informal and communal land rights, mine communities and host communities may not be deprived of enjoyment of the rights to land without provision of appropriate compensation. |
| (d) | Conditions relating to meetings: The key condition are to hold as many engagements as necessary and at regular intervals. All the stakeholders must have been given sufficient notice in advance and a reasonable opportunity to participate in consultation meetings, provided with sufficient information to make informed decisions and proper records must be kept. |
| (e) | Avoid and Minimise: To avoid resettlement wherever feasible; minimize resettlement where population displacement is avoidable; avoid the breaking up of communities by only resettling entire communities. Where resettlement is unavoidable ensure that affected people receive assistance so that they will be at least as well off as they would have been in the absence of the project. |
| (f) | Professional services: the applicant or a holder of a prospecting right, mining right or mining permit should endeavor to use HDSA service providers throughout the resettlement process. |