A related reason for the fast-tracking of the bill is that a number of legal challenges to such mining deals have been working their way through the courts. These challenge the manner in which the government and the mining houses have failed to follow the interim legislation and instead enabled traditional leaders to sign deals that are not monitored or audited by the government as required by law. The new bill has been rushed through parliament to head off these legal challenges.
In an attempt to preempt the impact of the Maledu judgment, the department of traditional affairs has proposed some last-minute amendments to the bill. However, it remains a government Trojan horse promoting the interests of big business and tribal authorities at the expense of hundreds of impoverished rural communities. Democracy and the welfare of millions of South Africans are at stake.
Ramaphosa should follow the vision and prescripts of the new constitutional order, along with the hopes and dreams of millions of South Africans, and desist from signing the bill in its present form.
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