The people of Lesetlheng Village – represented by the Land and Housing Unit of Lawyers for Human Rights - emerged victorious on Thursday, October 26, as the Constitutional Court set aside an eviction order granted to Pilanesburg Platinum Mine (PPM) and Itereleng Bakgatla Mineral Resources (IBMR) in 2017.

Lawyers for Human Rights’ Louis du Plessis tells OFM News the Constitutional Court said in yesterday’s landmark judgment that the lease agreement entered between PPM and IBMR - which was registered by the Bakgatle-ba-Kgalefa tribe - did not necessarily infringe on the rights of the Lesetlheng community. Du Plessis says this is important, because mines often approach the traditional authorities and enter into various agreements with them. These agreements do not necessarily reflect the will of the communities that fall under these authorities. In this case, however it was established that the villagers are in fact the right full owners of the land says Du Plessis.

The land in question is the Wilgespruit farm outside Rustenburg, which is PPM’s East Pit operation. According to Lawyers for Human Rights, the community purchased the farm Wilgespruit, locally referred to as “Modimo Mmalo”, in 1919. The community could not be registered as the owners of the land because of the land policies which were in place at that time. The farm was later registered in the State’s name and later held in a trust for the Bakgatle-ba-Kgafela tribe, which the Lesetlheng community falls under.

The community was later not consulted when mining activities were conducted on their land, activities which were granted to IBMR. IBMR later entered into a lease agreement in respect of the Wilgespruit farm with the minister of rural development and land reform and the Bakgatla community. PPM would later take this agreement over.

OFM News