Mining, accountability and the law in the Bakgatla-ba-Kgafela Traditional Authority Area

Abstract

Drawing on research conducted in the Bakgatla-ba-Kgafela traditional authority area in North West Province, this article explores how the  expansion of platinum mining on communal land is generating resistance to a local chief. The point at issue is the chief’s refusal to account for the mining revenues and business transactions that his traditional authority manages on the community’s behalf. The article argues that the North West High Court’s
interpretation of customary law not only leaves the chief’s unaccountability unchecked but also endorses the punishment of village activists who call the chief to account. Hence it remains extremely difficult for ordinary rural residents to challenge the chief to account for vast mineral revenues that he controls on behalf of their communities. Consequently rural anti-corruption activists are losing faith in the justice system.