Untangling indigenous land rights: Compensating cultural and spiritual losses caused by mining activities in South Africa

Abstract

Mining operations in rural South Africa have long caused conflicts between powerful corporations and land-insecure Indigenous communities. Despite legislative protections under the Interim Protection of Informal Land Rights Act (IPILRA), Indigenous communities remain vulnerable due to foreign investment strategies that prioritise economic interests. This article explores the broader implications of mining activities, particularly after mine closures, on Indigenous land rights. By analysing the South African Constitution, IPILRA, and mining laws, this article argues that compensation for Indigenous communities must encompass not only economic and environmental losses but also cultural, spiritual, and social impacts. The disaggregation of Indigenous land rights is essential for recognising these non-tangible losses as constitutional property, ensuring that Indigenous communities are fully compensated for the totality of their deprivations.