Bengwenyama Minerals (Pty) Ltd and Others v Genorah Resources (Pty) Ltd and Others

The Bengwenyama-Ye-Maswati community, previously dispossessed of land under apartheid, occupied and owned two farms in Limpopo (Nooitverwacht and Eerstegeluk). Genorah Resources applied for and was granted prospecting rights over these farms in September 2006 under the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA). Genorah conducted minimal and ultimately ineffective consultation with the community, and none at all in respect of one property. At the same time, the community, through Bengwenyama Minerals (a company created to hold prospecting rights on its behalf), pursued its own application to prospect on the same land, with the Department of Mineral Resources fully aware of this interest. Despite ongoing engagement with the community and its application, the Department granted prospecting rights to Genorah without notifying the community, without proper consultation, and before environmental requirements and financial guarantees were met. The community’s internal appeal was frustrated, leading to review proceedings ultimately reaching the Constitutional Court.

Leave to appeal was granted. The appeal was upheld. The grant of prospecting rights to Genorah Resources over the community’s land was reviewed and set aside. The matter was remitted to the Department of Mineral Resources for reconsideration in accordance with the MPRDA and constitutional requirements.

This is a leading Constitutional Court decision on administrative fairness, consultation, and community rights under the MPRDA. It affirms that landowners and communities, particularly historically disadvantaged communities, are entitled to meaningful consultation before prospecting rights are granted over their land. The case strengthens procedural protections in mineral rights allocation and underscores the transformative and constitutional objectives of the MPRDA.