The Pietermaritzburg High Court has dismissed with costs an application brought by mining companies concerning trust deeds of land under chieftaincies, under section 13 of the Trust Property Control Act, 1998.
The judgement of the 26th March 2025, relates to a dispute between Richards Bay Mining (RBM) and Richards Bay Titanium against chiefs of the Mkhwanazi, Dube, Mbonambi, and Sokhulu communities.
RBM, is a major mineral sands producer in South Africa, and approached the High Court to amend the deeds of the community trusts that form part of its BEE deal.
The company wants its host communities to benefit from the wealth of the mine.
Rio Tinto is a major shareholder in RBM, with 74% ownership, while local communities, through the Chiefs- Mbonambi, Sokhulu, Mkhwanazi, and Dube, have 24% through Blue Horizon, a consortium of investors.
Reverend Thulasizwe Buthelezi, the MEC of Cooperative Governance and Traditional Affairs in KwaZulu Natal, said he views the judgement as a significant affirmation of the rights and authority of Amakhosi over their land.
“It is vital that mining companies recognise the authority of Amakhosi to govern their land and its resources. This recognition is not just a matter of complying with the law, but a basic need for building trust, promoting social unity, and ensuring fair development that benefits both the companies and the communities” said Buthelezi.