Department Of Mineral Resources Research Articles

Establishing a tailings storage facility database in Gauteng

As an initial step of zero harm, an understanding of the scale and magnitude of Tailings Storage Facilities (TSFs) is necessary for risk assessments. There is no publicly available TSF database in each South African province with details on TSF distribution of risks and characteristics. TSF-related cases such as the Jagersfontein Tailings Dam failure and the crime challenges by illegal miners at the North Sands Dump are significant motivations to establish a publicly accessible TSF database, especially in Gauteng. The objectives of the study were to establish a TSF database comprising the spatial distribution of TSFs and to classify each TSF by its operational activity status. The Department of Mineral Resources and Energy publishes data on TSFs, and it was used to create the database. Due to coordinate data limitations, only 94 TSFs could be presented on ArcGIS Pro. The study finds that there is almost an equal split of active and inactive TSFs in Gauteng. Most active TSFs are situated in the East Rand of Gauteng. Furthermore, companies that own some of the TSFs in Gauteng include Durban Roodepoort Deep Gold, which owns 70 % of TSFs, followed by AfriSam (6 %) and Blyvoor Gold (4 %). Companies need to disclose all their TSF data to strengthen the database.

Influence occupational health safety and work discipline on employee productivity at the energy and mineral resources department of South Sumatra

Purpose: This study aims to determine how the productivity of employees of the Energy and Mineral Resources Agency is measured based on health safety and work discipline. Research Methodology: Quantitative methods were used, and the data collection techniques used in this study were observation, documentation, and questionnaire distribution. While the data analysis techniques in the study were analyzed using normality test, multicollinearity test, heroskedacity test, multiple linear analysis, correlation coefficient analysis, determination coefficient analysis, and hypothesis testing which consists of t test (partial) and f test (simultaneous). Results: The results of the hypothesis testing concluded that partial occupational health safety has a positive and significant effect on employee productivity at the Energy and Mineral Resources Office of South Sumatra Province. Work discipline had a positive and significant effect on employee productivity at the Energy and Mineral Resources Office of South Sumatra Province. Simultaneously, occupational health safety variables and work discipline had a positive and significant effect on employee productivity at the Energy and Mineral Resources Office of South Sumatra Province. Limitations: The research was conducted only at the Energy and Mineral Resources Office of South Sumatra Province and only included occupational health safety variables, work discipline, and employee productivity. Contribution: The results of this study are expected to contribute to increasing labor productivity, as well as provide useful references for other researchers and UPGRI in increasing knowledge and abilities in the world of labor.

Data-Driven Web-Based Service Travel Resume Information System

The Energy and Mineral Resources Department (ESDM) of South Sumatra Province has significantly enhanced its operational efficiency by implementinga Web-Based Official Travel Resume Information System. This system was developed to address the inefficiencies and risks associated with the previous manual method of managing official travel data. The new system leverages PHP, MySQL, Javascript, JQuery, and Bootstrap to provide a robust, secure, and user-friendly platform for handling travel reports, assignment orders, and official travel documentation. The digital transformation has streamlined data entry, improved data integrity, and facilitated real-time information access,enabling better decision-making and strategic planning. A System Usability Scale (SUS) test was conducted with 120 participants to evaluate the system's usability. The results showed a mean SUS score of 78.5, indicating good usability, with a standard deviation of 8.3. High scores were recorded for the system's ease of use, integration of functions, and user confidence, while lower scores highlighted initial complexity and a need for additional user training. The successful implementation and positive usability results underscore the system's effectiveness in enhancing the ESDM Department's operational capabilities. Recommendations for further improvements include enhancing mobile accessibility, providing ongoing user training, integrating advanced reporting features, and refining the user interface to ensure continued user satisfaction and system efficiency.

Mining Sector in South Africa: An Individual Perception on Open Strategy

This study aimed to investigate a positive approach to mining innovation and growth, as well as the effectiveness of open strategy as a practical solution to strategic management in South Africa. Through mixed-method research design, both qualitative and quantitative data analysis were performed using NVivo and SPSS software. The sampling frame included 20 interviews with highly knowledgeable participants and 205 online survey responses collected from participants established in medium to large size mining companies, shareholders, government /DMRE (Department of Mineral resources and Energy), MCSA (Mineral Council of South Africa), mines employees. The findings revealed that there was a statistically significant positive correlation between mining employee engagement and perceived advantages of open strategy (p<0.01), stakeholders' and workers' perspectives on open strategy, and how it may create transparency among them. Perceptions of open strategy have a significant association with the mining industry's ability for economic growth and job creation, as well as its relevance in ensuring organizational continuity. Many mines are ‘spreadsheet’ wealth driven. Most of which started with a plan and then been drawn into operational minutiae for the drive of self-sustaining operations-driven cash flow and losing sight of the strategic imperatives, with no or little reference to employee insights let alone anyone outside the organization. The open strategy calls on and seeks outside influence. Conclusively, this study gave relevant evidence that the mining industry should adopt an open strategy to increase worker participation, success, and economic growth while reducing false assumptions.

The Influence of Job Achievement, Work Experience and Performance Evaluation on Employee Position Promotion in the Regional Energy and Mineral Resources Department of North Sulawesi Province

This research aims to determine the influence of work performance, work experience and performance evaluation on promotion of employee positions at the North Sulawesi Province Energy and Mineral Resources Service. The sampling method used was a saturated sampling technique with a sample size of 81 respondents. The data analysis technique used is Multiple Linear Regression. The results of this research show that simultaneously, work performance, work experience and performance evaluation have a significant effect on employee promotion at the Regional Energy and Mineral Resources Service of North Sulawesi Province. However, if viewed partially, only performance evaluation has a significant positive influence on employee promotions. Work performance has an insignificant positive effect on employee promotion. Meanwhile, work experience does not have a significant influence on the promotion of employee positions at the Regional Energy and Mineral Resources Service of North Sulawesi Province.

Pengaruh Kejelasan Sasaran Anggaran Dan Pengendalian Akuntansi Terhadap Akuntabilitas Kinerja Pada Dinas Perindustrian, Perdagangan Energi Dan Sumber Daya Mineral Provinsi Sumatera Utara

This research aims to determine the effect of clarity of budget targets, accounting control, on the accountability of government agency performance in the North Sumatra Industry, Energy Trade and Mineral Resources Department. This research uses quantitative methods with an associative approach, data collection techniques using questionnaires and the population and sample in this research are the entire office apparatus organization and heads of sections/Departments of Industry, Energy Trade and Mineral Resources of North Sumatra Province consisting of the Finance Sub-Section, Head of the Program and Planning Sub-Division, as many as 30 employees with a sampling technique using saturated sampling technique. Data were analyzed using multiple linear regression methods. The results of the partial test hypothesis show that Clarity of Budget Targets has a positive effect on the Performance Accountability of Government Agencies of the Department of Industry, Energy Trade and Mineral Resources of North Sumatra Province, while Accounting Control has no effect on the Performance Accountability of Government Agencies of the Department of Industry, Energy Trade and Mineral Resources of Sumatra Province North.

Tham Chiang Dao: A Hotspot of Subterranean Biodiversity in Northern Thailand

The Doi Chiang Dao massif, which became a UNESCO Biosphere Reserve in 2021, is the highest karst mountain in Thailand. Tham Chiang Dao cave is located at the foot of this massif and is among the best-known caves in Thailand, having been visited since prehistoric times, and being a sacred place for the local Shan and Thai people. The cave consists of five main interconnected passages with a total length of 5342 m which ranks it as the 11th longest cave in Thailand. Tham Chiang Dao is the best studied cave in Thailand with a long series of explorations, investigations and zoological collecting. Here, we summarize the 110 years of biological exploration and investigation devoted to this cave. A total of 149 taxa have been recognized in Tham Chiang Dao, of which 61 have been identified to species level. The cave is the type locality for 14 species. The obligate subterranean fauna includes 37 species, of which 33 are troglobionts and 4 are stygobionts. Conservation issues are addressed in the discussion. This work is intended to provide a reference for the knowledge of cave fauna of the Chiang Dao Wildlife Sanctuary and a tool for its management by the local cave management committee, the National Cave Management Policy Committee, and the Department of Mineral Resources. It also documents the biological importance of Tham Chiang Dao in the Doi Chiang Dao UNESCO Biosphere Reserve.

Defending the Rights of Local Communities against Box-Ticking Exercises: An Analysis of Sustaining the Wild Coast NPC v Minister of Mineral Resources and Energy

Abstract This piece analyses the recent judgment from the Makhanda High Court in Sustaining the Wild Coast NPC v Minister of Mineral Resources and Energy setting aside the decision to grant Shell and Impact Africa an exploratory right. Shell and Impact Africa intended to conduct a seismic survey along South Africa’s Wild Coast. Such a survey stood to have a substantial impact on the rights and interests of several local communities residing along the coastline. Because Shell, Impact Africa and the Director-General of the Department of Mineral Resources and Energy failed to consider these rights and interests, the court decided to overturn the decision granting the companies their exploratory right. To this end, the judgment provides a powerful vindication of the rights of local communities, illustrating what is possible when regulatory schemes are applied purposively and not as a mere box-ticking exercise.

Towards a sustainable artisanal gold mining sector in South Africa: Proposed developmental initiatives

South Africa's Mineral and Petroleum Resources Development Act (MPRDA) of 2002 addresses the socio-economic injustices of the post-Apartheid (after 1994) era. Additionally, the Act stipulates that a mining permit or licence is required to mine lawfully. Artisanal and small-scale mining (ASM) activities that occur without a mining permit, therefore, are illegal and criminalised. The Department of Mineral Resources and Energy (DMRE) in South Africa recently released the draft Artisanal and Small-Scale mining policy for implementation in March 2022. The announcement of this policy is the first step in formalising the artisanal mining sector in South Africa. Yet, formalisation strategies often fail in sub-Saharan Africa and other parts of Africa. Consequently, the artisanal mining sector continues to operate informally or, in many cases, in an illegal setting. This paper argues that efforts should be directed toward addressing the sector's challenges, and the formalisation process ought to be viewed as an ongoing process. This article outlines developmental initiatives that industry players can apply to support the sector's challenges as part of a formalisation strategy. Ultimately, this will create opportunities where historically disadvantaged people can benefit from South Africa's mineral resources.

Design of Infak Payment Information System Using Borland Delphi 7 (Case Study: Aceh Energy & Mineral Resources Department)

The purpose of the study is to create an Infaq Payment Information System using Delphi 7 to make Infak Data Payments contained in the Aceh Energy and Mineral Resources Office where there are advantages when compared to Microsoft Excel in terms of Infaq Payments including in terms of Output, where the system that will be the author developed can load more than one Output. In the process of the author's research regarding infaq payments at the aceh energy and mineral resources service, in the current system there are often obstacles or problems that arise. This happens because there are several things that quite interfere with the Financial Monitoring process, including; The length of the infaq payment process is one of the main obstacles, the use of microsoft excel is considered too complicated in terms of input, processing, information, the process of accessing / uploading data will take longer and waste more energy, and the possibility of errors or mistakes is more risky due to everything something that can manually interfere with the accuracy of the user. In application development, the researcher uses the prototype method. From the results of the research, the calculation application can be used as payment at the Aceh Energy & Mineral Resources Department and is designed using Delphi, then the results of the evaluation of the current desktop application display with prototype design are known that each category has an increase in usability value. Content, Organization and Readability previously had a value of 0.61 and increased to 0.66. The Navigation category was previously 0.62 to 0.67. The previous User Interface Design category was 0.63 to 0.70 and the previous Performance and Effectiveness category was 0.64 to 0.72.

Probabilistic tsunami hazard and exposure assessment for the pacific islands- Fiji

Tsunami are known to be one of the most powerful and destructive natural hazards to impact low-lying coastal communities. The Republic of Fiji is situated in a complex tectonic setting at the boundary of two active plates in the South-west Pacific; the Indo-Australian and Pacific Plate, making the country highly vulnerable to earthquakes and tsunami. Local and regional source tsunami is a concern for emergency management. This is due to the limited warning time in receiving a tsunami alert and issuing warnings to the public. Fiji's greatest local and regional tsunami hazard risk is from the Tonga-Kermadec trench and South New Hebrides faults. This paper presents the first probabilistic tsunami hazard assessment of a credible 1 in 10,000 year event for Fiji's two largest populated islands, Viti Levu and Vanua Levu. Subsequent to the probabilistic tsunami hazard assessment, this paper presents the results of a tsunami exposure assessment of the population, assets and critical infrastructure vulnerable to tsunami inundation from Tonga-Kermadec and South New Hebrides tsunami sources. This study applies a mix methodology approach, using a combination of hydrodynamic models, probabilistic approaches, Geographic Information Systems and quantitative analysis to determine maximum tsunami heights and exposure to tsunami hazard. Results of the exposure assessment indicates provinces in Vit Levu and Vanua Levu are likely to be susceptible to various tsunami inundation heights, concluding that people and assets in provinces such as Macuata and Tailevuare more vulnerable to tsunami. The results of this study provides valuable information for the Government of Fiji specifically the National Disaster Management Office, Mineral Resources Department, the National Tsunami Warning Centre and at risk communities. This will increase tsunami risk knowledge and will encourage decisive warning times and allow emergency management to make informative decision-making in regards to emergency preparedness and response planning.

The nature and features of ‘unused old order rights’ under the MPRDA revisited: The story of Gouws’ farm

This article examines the nature and features of ‘unused old order rights’ (‘UOORs’) under item 8 of Schedule II of the Mineral and Petroleum Resources Development Act 28 of 2002 in light of the recent decision by the Constitutional Court in Magnificent Mile Trading 30 (Pty) Ltd v Celliers 2020 (4) SA 375 (CC). At issue was: (a) whether an UOOR was transmissible to heirs upon the death of its holder; and (b) the applicability of the Oudekraal principle to the award of an unlawful prospecting right to an applicant, contrary to the rights enjoyed by the holder of an UOOR. The article analyses the constituent elements of an UOOR, rights ancillary to the UOOR’s and the nature and features of UOORs and ancillary rights. The article also considers the possible loss of an UOOR by application of the Oudekraal principle due to the unlawful grant of a prospecting right by the state, as custodian of mineral resources. The article illustrates that the CC ensured in Magnificent Mile that the Oudekraal principle does not undermine the security of tenure and statutory priority afforded to holders of UOORs by ultra vires grants of inconsistent rights to opportunistic applicants. Concern is also expressed about the poor administration of mineral resources by the Department of Mineral Resources and Energy.

Characteristic of Northern Thailand Seismic Stations from Horizontal-to-Vertical Spectral Ratios (HVSR) Analysis

Several major cities in Northern Thailand are located on a sedimentary basin, which could amplify ground motion from future earthquakes as they lie along several active faults. To study the seismic response and natural periods of these basins, a Horizontal to Vertical Spectral Ratio (HVSR) for each seismic station in Northern Thailand has been proposed. Several observed ground motion from moderate to small seismic events in and around Northern Thailand were used in this analysis. Several seismometers (TSA-100S, Trillium-120, PA-23, S-13 and KS 2000) of the Department of Mineral Resources (DMR) and Thai Meteorological Department (TMD) with triaxial digital accelerometer data were used. The 3 axis digital accelerometers (2-horizontal and vertical) were converted to Fourier amplitude spectral (FAS) in order to find basin natural period by Horizontal to Vertical Spectral Ratio (HVSR). This research investigates 6 stations in Northern Thailand with at least 10 observed ground motions for each station. We found that the natural period of three stations (CRAI, PAYA and PHRA) showed strong site amplification effect at low natural period (between 0.1 - 0.2 s with an amplitude larger than 2). The natural period of CMMT and MHIT stations were insignificant since CMMT and MHIT were located on the rocks. Lastly, we observed long natural period for CMCA station located in Chiang Mai basin around 2.50 s with an amplitude larger than 3. Furthermore, the computed site natural periods were compared with the average top 30 m shear wave velocity (Vs30) based on the data from the Shuttle Radar Topography Mission (SRTM) and Multichannel Analysis of Surface Wave (MASW) to find the type of soil in each area.

Conflicting Levels of Engagement under the Interim Protection of Informal Land Rights Act and the Minerals and Petroleum Development Act: A Closer Look at the Xolobeni Community Dispute

The South African customary land tenure system is currently administered in terms of the Interim Protection of Informal Land Rights Act 31 of 1996 (IPILRA). As the name suggests, this is a temporary measure to protect vulnerable customary land rights while awaiting permanent communal land tenure legislation. In terms of section 2(1) of the IPILRA, no person may be deprived of any informal right to land without his or her consent. This provision is subject to subsection (4) of the IPILRA, the Expropriation Act 63 of 1975 or any other law that provides for the expropriation of land rights. Accordingly, section 2(4) states that no one may be deprived of his or her informal rights in land unless it is through the Expropriation Act, any valid land expropriation legislation or through custom that is endorsed by a majority of the community members.
 Nevertheless, the Department of Mineral Resources (DMR) and the mineral right applicants habitually contravene this consent provision by not including the beneficiaries of the IPILRA in the mineral right application process. The DMR awards licences without the communities' consent because the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) authorises it to act as the custodian of mineral resources on behalf of all South Africans. When an application for mineral rights is received, it is the DMR's duty as a custodian to ensure that all the requirements of the MPRDA have been complied with. These levels of engagement, consent under the IPILRA and consultation in terms of the MPRDA, form the basis of the analysis of the decision of Baleni v Minister of Mineral Resources. Although the court decided that the acceptable level of engagement is consent in terms of the IPILRA, this article argues that consultation and consent are not mutually exclusive, and hence require reading the two pieces of legislation together.

Development and validation of portable X-ray fluorescence spectrometry for elemental routine measurement in geological samples

A pressed pellet technique was developed for quantitative analysis of elements in geological samples by portable X-ray fluorescence spectrometry (pXRF). Validation of analytical method was done using eight geological reference materials (BCR-2: basalt, COQ-1: carbonatite, GSP-2: granodiorite, JA-1: andesite, JB-2: basalt, JG-1a: granodiorite, JG-2: granite and JSy-1: Syenite). Minimum concentrations of Al, Ca, Cu, Fe, K, Mn, Pb, Rb, Si, Sr, Ti, Y, Zn and Zr in geological reference materials for pXRF detection were 6.60%, 0.50%, 19 mg/kg, 0.06%, 0.35%, 120 mg/kg, 5.36 mg/kg, 7.37 mg/kg, 1.62%, 17.92 mg/kg, 0.09%, 24.90 mg/kg, 13.60 mg/kg and 51.20 mg/kg, respectively. The accuracy of the developed method was acceptable with the mean error below 18%. The geological samples received from the Department of Mineral Resources (DMR) were also tested using this method. The results showed that the concentration values obtained by the studied method were in good agreement with those obtained by the DMR for K, Mn, Pb, Rb, Si, Sr, Ti, Y and Zn with concentrations ranging of 3.70-4.20%, 90-400 mg/kg, 64-89 mg/kg, 296-404 mg/kg, 24.44-32.17%, 50-180 mg/kg, 0.22-0.28%, 34-47 mg/kg and 30-41 mg/kg, respectively. This method is suitable for elemental routine measurement in geological samples.

Evolution of rare earth elements, uranium and thorium in geological samples by ICP-OES and their characterization

Inductively coupled plasma optical emission spectrometry (ICP-OES) was used to determine rare earth elements, uranium and thorium in granitic soils and rock samples collected from Chumporn and Surat Thani provinces, the southern part of Thailand. The effect of digestion temperature (125 °C, 160 °C, 200 °C and 240 °C) on the concentration levels of elements was investigated. It was found that the digestion temperature of 160 °C had an efficient to leach out the elements to achieve the high concentration of elements for soil samples at different horizons such as O-A, A-B, B-C (1) and B-C(2). For rock sample (D horizon), the digestion temperature did not significantly affect to extract the elements. The results of the analytical study were also compared with the results determined by ICP-MS/OES as obtained from Department of Mineral Resources, Thailand (DMR). A good correlation between the determined values digested at 160 °C and the values measured by ICP-MS/OES as obtained from DMR were found for Ce, La, Pr, Nd, Y, Dy, Eu and Th. The SEM-EDS results demonstrated that the samples particles mainly consisted of Si, and Al with varying amount of Fe, K, Mg, Ca, Na and Ti. Quartz and albite were found to exist in all samples that were confirmed by XRD analysis.

Fracking in a fractured environment: Shale gas mining and institutional dynamics in South Africa’s young democracy

This paper situates the question of shale gas mining in South Africa within broader debates on policy co-ordination within governmental systems. The prospect of shale gas mining has posed severe challenges for the complex inter-governmental system in South Africa. Three key Departments are affected by possible shale gas mining: Mineral Resources, Environmental Affairs and Water Resources. Each of these Departments have different relationships with the provincial and municipal "spheres of government". The Department of Mineral Resources has attempted to promote shale gas mining with no reference to municipalities, whereas the other two Departments have attempted to build up municipal capacity. Municipalities have key functions which are protected in the Constitution. However, many municipalities are weak institutions, unwilling to defend their powers. The paper examines Municipal Integrated Development Plans in the potential shale gas region. Most municipalities seem to have no awareness at all of the shale gas issue. Recently, a High Court ruled that any shale gas mining regulations must be made by the Department of Environmental Affairs. With its more decentralist approach to governance, it will mean that municipalities will have more opportunities to participate in shale gas mining decisions.

ANALISIS STRATEGI PEMERINTAH DALAM PENGELOLAAN SUMBER DAYA ALAM BATU BARA DI KABUPATEN TANAH LAUT BERBASIS MANAJEMEN STRATEGIK DALAM PERSPEKTIF EKONOMI SYARIAH

This research is motivated by the management of coal resources in Tanah Laut districts based on strategic management in the islamic economic perspective. The purpose of this study is to identify, examine, and find new perspectives in research analysis of government strategies in the management of coal resources 2016 based on strategic management in the economi perspective of islam. Research method used in this research is kind of mixed research. In this study researchers used quantitative data to determine the potential of minerals, coal production per year, and so on. The qualitative method in this study is intended to describe the constraints or impacts of natural resource management in Tanah Laut regency districts to know which strategies to use, it is explored through observation, interview, and documentation. Through this research, it is known that, based on the results of interviews to the energy and mineral resources department, the government’s strategy is to utilize the human resources of quality and professional and the use of modern technology to utilize resoursces and reserves of their coal.

The levels of disclosure relating to mine closure obligations by platinum mining companies

Background: Mine closure obligations are economically significant, and the consequences of insufficient mine closure obligations are of public interest. The incidence of acid mine drainage and the high number of ownerless and abandoned mines in South Africa have brought the consequences of insufficient mine closure obligations in the mining sector into the spotlight.Aim: The aim of this study is to establish the extent to which platinum mines listed on the Johannesburg Stock Exchange (JSE) comply with a recommended disclosure framework.Setting: South Africa is the largest producer of platinum in the world. The study covers all platinum mines listed on the JSE.Methods: Using a framework, a census of the annual financial statements, integrated annual reports and sustainability reports or websites was conducted to determine the level of compliance of disclosure relating to mine closure obligations to the recommended disclosure framework.Results: The results show disclosure relating to mine closure obligations of platinum mines listed on the JSE is inconsistent and not sufficient for stakeholders to understand the scope, key assumptions, parameters or reliability of the assessment and calculation of mine closure obligations.Conclusion: The assumptions used to determine mine closure obligations are specialised and multi-disciplinary. The accuracy and reliability of mine closure obligations will improve dramatically through greater transparency and access to information. It is recommended that the JSE listings for mining companies should require a competent person’s report to provide disclosure on assumptions, key values and processes applied to determine the mine closure obligations. Furthermore, it is recommended that the Department of Mineral Resources implements a mechanism of independent assessment of mine closure obligations by experts on an ongoing basis.

Competing Preferent Community Prospecting Rights: A Nonchalant Custodian?

Traditional communities that were precluded from the benefits and financial rewards of exploitation of the mineral resources of South Africa are afforded the opportunity to lodge an application with the Department of Mineral Resources (hereafter the department) to obtain a so-called preferent prospecting right (or mining right) in respect of land which is registered - or to be registered - in their name. An applicant on behalf of the community has to meet the requirements of section 104(2) of the Mineral and Petroleum Resources Development Act 28 of 2002 (hereafter the MPRDA). This in line with one of the objectives of the MPRDA of expanding the opportunities for historically disadvantaged persons, such as traditional communities, to enter into, and actively participate in, the mineral industry and to benefit from the exploitation of the nation's mineral resources (s 2(d)). The Minister of Mineral Resources ((hereafter the minister), in his/her capacity as the custodian of the mineral resources of South Africa on behalf of the people of South Africa (s 3(1)), is, amongst others, by implication tasked with achieving, these objectives. The same applies to the department and its officials. However, this was unfortunately not the experience of a traditional community, the Bengwenyama-Ya-Maswazi community (hereafter the BYM community), who had to battle through two rounds of litigation with the minister, the department and persons and entities which promoted their own interests whilst attempting to convey the (false) impression that they were representing the community.
 The subject of this discussion is the second round of litigation between the Bengwenyama-Ya-Maswazi Tribal Council and Genorah. The second round of litigation involved competing applications for preferent community prospecting rights in two related appeals heard together by the Supreme Court of Appeal (hereafter the SCA). The first appeal concerned preferent community prospecting rights on the farm Nooitverwacht (hereafter the Nooitverwacht appeal) and the second appeal involved preferent community prospecting rights on the farm Eerstegeluk (hereafter the Eerstegeluk appeal). The focus of the discussion is on the Nooitverwacht appeal, and references (where appropriate) will be made to the Eerstegeluk appeal. A number of related issues are also discussed – these include the distinction between prospecting rights and preferent community prospecting rights; the meaning of "... land which is registered or to be registered in the name of the community concerned" (with reference to restitution land, redistribution land, and community land acquired from own resources); and the changing legal landscape relating to community decision-making and consultation.