Consent, custom and international law in South Africa: What Australian lawmakers could learn
This article summarises a recent South African case, Baleni v Minister of Mineral Resources. It also analyses the Court’s reasoning to explore how a non-Australian common law state protects a traditional community’s customary laws and practices through legislation, a Constitutional Bill of Rights, and international law. Although a South African case, Baleni demonstrates how similar common law countries have adopted distinct approaches to protecting and treating traditional communities, from which Australian lawmakers could learn.
Rights Statement: Uncertain, but Sage probably owns copyright.
Keywords: Indigenous peoples; customary law; international law; consent; South Africa; Baleni v Minister of Mineral Resources; Minerals and Petroleum Resources Development Act; Xolobeni; Land Rights
Research Type: Journal Article