Approaches to Mine Closure and Indigenous Land Rights

Welcome to the Sustainable Minerals Insitute's Public Seminar presentation

Attendance is in person or via Zoom

Speaker: Dr Lindani Mhlanga

Abstract : As the global mining industry faces an unprecedented wave of mine closures, a nuanced approach to mine closure planning is essential—one that recognizes and respects the rights of Indigenous communities whose cultural and spiritual connections to the land cannot simply be restored post-disturbance. This seminar will explore the complex relationship between mine closure practices and Indigenous land rights, advocating for a culturally sensitive approach that goes beyond environmental and economic considerations. Drawing on comparative case studies, in South Africa and similar frameworks in Australia, this session will examine how both formal and informal land rights intersect with mining legislation, often to the detriment of Indigenous communities’ intangible heritage and cultural practices.

In light of South Africa’s Interim Protection of Informal Land Rights Act (IPILRA) and Australia’s Native Title Act, this presentation will discuss practical strategies for integrating Indigenous voices in closure planning and honouring traditional land stewardship. By addressing challenges such as fragmented legal protections, inadequate consultation practices, and failures to recognize culturally significant landscapes, the aim is to propose actionable frameworks that protect Indigenous communities’ rights throughout the mine lifecycle, including closure. Attendees will gain insights into policy reforms and participatory land-use planning to facilitate “transitions” that honours Indigenous propriety rights and promotes long-term community resilience in post-mining landscapes.

This seminar aligns with the Sustainable Minerals Institute’s mission to enhance socially responsible mining practices, encouraging participants to rethink closure strategies that uphold intergenerational Indigenous rights and values—integral for fostering equitable and culturally respectful transitions from active mining to sustainable land repurposing.
 
About Dr Lindani Mhlanga

Dr Lindani Mhlanga, an accomplished post-doctoral fellow at the Free State Centre for Human Rights and a fellow at the International Association of Law Schools, is an emerging authority in constitutional, property, land law. Holding a BA, LL.B, and LL.M from the University of Pretoria and an LL.D from the University of the Free State, Dr Mhlanga’s research delves into the crucial nexus between land tenure security and indigenous land rights. His work passionately advocates for empowering marginalized communities and fostering a heightened awareness of indigenous rights in mining contexts, offering fresh, insightful perspectives on these pivotal issues in the legal landscape.