Johan Lorenzen
@JohanLorenzen
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Lawyering to support South African communities’ aspirations for their ancestral land. On a sabbatical to rest, reflect, and recharge.
Itinerant
Joined June 2014
du Bois on the meaning of the end of slavery to the United States after the necessary bloodshed of the US civil war: “America’s one real gift to beauty”. Dreaming of the day someone writes something similar for Palestine. That day is coming.
"All that was Beauty, all that was Love, all that was Truth, stood on top of these mad mornings and sang with the stars. A great human sob shrieked in the wind, and tossed its tears upon the sea, - free, free, free.". W. E. B. Du Bois, 'Black Reconstruction', 1935
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I am unbelievably proud to be married to a DOCTOR from @YALE!!!!!!!!!!!!!. 😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍.😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍
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The Gqeberha High Court has ruled that @Shell's right to seismically blast the Wild Coast was granted unlawfully. And taken it away. A tremendous victory by and for Wild Coast Communities. The planet owes them. Amandla ngawethu.
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The Judicial Services Commission has recommended that President Ramaphosa appoint Supreme Court of Appeal Judge President Mandisa Maya as Chief Justice of the Constitutional Court. An inspired recommendation. If the President follows the recommendation, we are in good hands.
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1. THRILLED that the Xolobeni community today won another victory for mining affected communities across South Africa as Makhubele J of the Pretoria High Court declared that communities are entitled to access to applications for mining rights over their land. THIS IS MASSIVE!
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"I am a human being. Nothing human can be alien to me. There's a wonderful language in South Africa called Xhosa. I know people who say 'I could never speak that'. Wait a minute. Human beings speak it. And you are a human being.". - Maya Angelou. To say Qonce is to be human♥️
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BREAKING - the @EFFSouthAfrica have won the voting station at the Komkhulu of Umgungundlovu. Komkhulu is 500 metres from the proposed Xolobeni mine. It is the heart of the community resistance. Congratulations Fighters. The community expects much of you. Do not disappoint.
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The Western Cape High Court has ordered Australian multinational Searcher Seismic to stop its seismic blasting of the West Coast of South Africa from Cape Town to Namibia. Yet another massive win by indigenous communities leading the fight against climate change. Amandla.
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1. MASSIVE victory for rural South Africans long quest to be treated as citizens. The Ingonyama Trust’s policy of making people sign leases to live on their ancestral land declared unlawful. The Trust must repay lease money community members already paid to it.
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The Constitutional Court has ruled that communities have a right to say no to mining. This is the beginning of the end of 15 years of dispossession under the MPRDA. Foundation of a new order in power dynamics. Game changer for our clients in Xolobeni. More when I stop crying.
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Being able to pronounce Tembeka's surname (and every other South African surname) should be added to the Bar Exam and Boards. .
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We are struggling with the feed but our clients have successfully interdicted @Shell’s seismic blasting. They inspire me every day. South Africa and the world owe them a debt of gratitude.
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"My lord. I feel for everyone who's been sitting through these two and a half hours" . - Tembeka Ngcukaitobi
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Happy Sixth Wedding Anniversary to me and my historian!. Every day is new surprises of what fun it is to love and be loved by you doc!
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Judgment in our Wild Coast Community clients’ application to interdict Shell’s seismic blasting will be handed down by Judge Bloem in open court in Makhanda on 28 December 2021. May justice roll on like a river to the seas our clients’ conserve and benefit from on our behalf 🙏🏻
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A South African wine farm lost business in Sweden after their workers’ conditions were covered by Swedish press. Did they respond by improving conditions?. Of course not. They fired a worker who spoke to the press even though the worker merely told the truth. Reversed by LC.
Farm worker unfairly dismissed after Swedish magazine interview | GroundUp
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The Compensation Fund has declared #Covid19 a compensable occupational disease, providing for medical aid, 30 days of benefits for illness, and full benefits if death results. The cost of quarantine without a positive diagnosis must be covered by the employer. HT @GeorgeKahn11.
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A MONUMENTAL victory for @SAHistoryOnline as the Supreme Court of Appeal unanimously sets aside the Reserve Bank's absurd refusal to provide records into apartheid-era financial crimes and reversing the HC's outrageous costs order against SAHO. Read -->.
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Terrible news for Mr Mokwena, but I really fail to see what this has to do with @Julius_S_Malema. .
Malema’s former lawyer’s firm under liquidation
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1. Yesterday, @ICJ_org criticised the Eastern Cape High Court's decision to acquit Loyiso Coko of rape charges because of the court's reliance on foreplay in its findings. Some have defended the court's decision as correct under our law. I think they're wrong. 🧵. TW.
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Again, Wild Coast Communities have interdicted @Shell’s seismic blasting. I wish Bazooka Radebe and Sbu Mqadi were here. The full judgment in Zukulu and Others versus @GwedeMantashe1 and Others, together with the full court papers, can be accessed here:
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We are proud to join the @LRCSouthAfrica in representing the communities of Xolobeni, Dwesa-Cwebe, Kei Mouth, and Port St Johns, together with @SWCOAST and @ALLRISELegal, in challenging @Shell's seismic blasting of the Wild Coast. Our clients' summary of their case -->
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The Fourth Applicant in SAB's challenge is an attorney deprived of their constitutional right to an after-work tipple. Relatable content. 🍻.
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Happy Anniversary to me and the good doctor!. Feel more and more blessed to be with you every day!
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My backpack was stolen from Zolile’s Port Edward flat with laptop and passport around 01:00 this morning. We just found my passport at the wall where they climbed back over. My overwhelming feeling right now is gratitude at such thoughtful crooks 🙄🤣.
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1. Today is a momentous day for the Xolobeni struggle for the #Right2SayNo to mining and toll roads imposed on indigenous land. MEC Babalo Madikizela is convening a 'vote' on whether the toll road may slice Sigidi village in half. Venue? A private tent with armed security -->
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1. Tomorrow we launch two of the most important cases I will ever work on. I’m feeling so overwhelmed and blessed and grateful. 🧵.
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Shameful end to Xolobeni ‘consultation’ as community chased away with stun grenades again. After starting very late, and sitting through speeches, 15 of our clients lined up to speak. The 1st speaker pretended to be ACC, then dramatically said “we want mining”. Meeting over.
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"Our Court case is very clear cut. Shell doesn’t have an environmental authorisation.". Read the Amadiba Crisis Committee's powerful statement about their application to interdict @Shell which will be heard on 14 December 2021 in Makhanda. Please stand in solidarity with them!
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1/9 The Public Protector has made significant findings against Premier Mabuyane regarding the funds for Mam' Winnie Madikizela-Mandela's funeral. The Premier has responded by attacking the PP. The courts will ultimately decide, but the report *seems* meticulous. *thread*.
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Water cannons used against hungry people queuing at the Goal Supermarket in Delft. Especially troubling after so many people said yesterday they wanted to social distance in queues but with no regulation they couldn't due to queue jumpers. Stop hosing them start helping them.
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Tell us again how communities defending their ancestral seas against oil and gas production is “apartheid and colonialism of a special type”.
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Want to support the Xolobeni struggle and learn from the community?. Go on a hike with local guides staying at local homesteads enjoying local cuisine!. Details here -->
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After Xolobeni won the #Right2SayNo, Parliament seeks to empower traditional councils to sign away land rights without community consent through the TKLB. These activists are marching to demand that @CyrilRamaphosa not sign it into law. If he refuses, back to court we go. 💪🏻
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Even after 19 bullets were fired into Ms Mthethwa's home, she refused to make way for coal mining without fair compensation. Tendele mine went to court to seek approval for their inadequate proposals. Unsuccessfully. Yesterday, Ms Ntshangase - a crucial activist - was murdered.
Our remarkable clients resisting Tendele Mine recently scored a win. Possibly provisional. But a win nonetheless. I tried to capture the moment, their bravery, and the host of kind, generous and brilliant people who made it happen, on FB. Link here:.
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"My Lord, it appears my learned friend is frozen.". Court in the time of corona. ♥️.
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Thuto got a round of applause at her first lecture. !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!. My heart is bursting with pride 😍.
Immensely proud of Thuto Thipe as she starts her first day as a full-time lecturer at @UCT_news’s Centre for African Studies (@CASatUCT). Having read her @Yale student evaluations, UCT students can look forward to her incredible combination of brilliance and kindheartedness.
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Us: “When in Rome, do as the Romans”. Roman(s): “When in Qonce, HOW THE FUCK. ”.
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"In revoking Shell’s rights to explore the seabed of South Africa’s Wild Coast, a panel of three judges sided with rural communities, fishermen, traditional healers and environmental activists against the company and South Africa’s government.".
Shell Global was ordered this week to stop plans to explore a pristine South African coastline for oil and gas. The ruling represents a rare victory for environmental interests in a country that has long favored development over the environment.
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The Western Cape High Court has interdicted @SearcherSeismic’s seismic blasting from Cape Town to Namibia because they didn’t consult communities. Communities save the sea - again. So proud to be part of an amazing legal team - lead by the amazing @wilmienwicomb. A luta.
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“She did not compromise her ethics. Ever. As her attorney, I will miss her truth, her fire and courage. She did not deserve to die. We are devastated by her loss.”. - Beautiful, powerful, painful words from @KirstenYouens on Ma Ntshangase’s assassination.
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"When you are a human rights lawyer, it's not about losing or winning, it is about articulating the plight of the people. Just tell me one case that George Bizos won.". - @AdvDali_Mpofu (HT @Spiwo and @mmodiba10)
Very few understand the difference between fighting a battle & fighting the system. The victory comes right at the end but it is SO much sweeter…As the old song goes:. Yiiiiiinde lendlela esiyihambayo. Washo uMandela kubalandeli bakhe. Wathi: Sohlangana ngeFreedom Day!🎼✊🏾✊🏾.
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Simply staggering that a court had to make this order. But so grateful to the Khosa family and their brilliant legal team for ensuring that no other citizens must face these officers until the investigation is complete.
#CollinsKhosa Pretoria High Court Judge Hans Fabricius orders SANDF to suspend with pay the members suspected of beating Collins Khosa to death, pending an investigation. #sabcnews
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A belated thank you to the @EFFSouthAfrica for standing for the security of tenure of the people of Xolobeni, and all holders of customary land rights, in their manifesto.
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Incarceration is not the only option.
They arrested a 15 year old?.
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Xolobeni update: Our clients report that directors of the mining company's BEE subsidiaries, including TEM and XolCO director iNkosi Baleni, have been handing out food parcels ahead of the ballot that @GwedeMantashe1 will orchestrate. Cool.
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People eXolobeni will continue to 'irritate' anyone in power who imposes 'development' without checking with them first.
The behavior of people eXolobeni who are opposing development in our Province is becoming a irritation.
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DOCTOR Thipe's thesis - Black Freehold: Landownership in Alexandra Township, 1912-1979 - wins @Yale's Afro-American Cultural Center’s Award for Outstanding Graduate Research in the African Diaspora 💃💃💃💃💃💃💃💃💃💃💃💃💃💃💃💃💃💃💃. Read more here -->
I am unbelievably proud to be married to a DOCTOR from @YALE!!!!!!!!!!!!!. 😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍.😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍😍
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Nonhle Mbuthuma on Wild Coast Communities victory against @Shell’s proposed seismic blasting. We are now headed to the Komkhulu (great place) of Xolobeni to brief the community and their ancestors.
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The Xolobeni community has the #Right2SayNo to mining. The Tshwane High Court says the Community has the right to full and informed consent before a mining right is granted over their ancestral land. With costs.
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Proud to announce that RSI is representing @dansmywholename in urgent proceedings to interdict Adv Budlender SC's transfer to MultiChoice pending review. As an advocate of the people, Mr Budlender is a public entity and may only move after a public participation process.
Advocate Steven Budlender SC - who so brilliantly represented me in a successful challenge to Jacob Zuma’s private prosecution - is leaving the Bar to take up a position as MultiChoice’s Group General Counsel. He is an incredible, ethical advocate. And this is an enormous loss.
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.@Discovery_SA argued that even if the insured *actually* became permanently incapable of working during their policy, if Discovery only satisfied themselves of this fact after the policy lapsed they needn't pay. Remember this next time you consider insurers.
UPDATE: Judge Wilson dismisses Discovery Life’s application for leave to appeal, with costs. Judgment:
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BREAKING: The #silicosis class action settlement to compensate eligible workers suffering from silicosis and/or tuberculosis from 12 March 1965 to date approved by a full bench of the Johannesburg High Court. The settlement is summarised here -->.
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1. Yesterday the Labour Court (per Moshoana J) delivered an important judgment about the importance of unions serving their members in general, and the need for and (b) about a particular union needing to do so: NUMSA. A quick 🧵
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I've often heard many comments about the power of Xolobeni ancestors. The wind just blew over the tent that the State built last night and defended with private security. Just saying.
Vuvuzelas, cheering and ululating as Xolobeni winds topple and tear the government’s makeshift community gathering venue.
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21. Next point: Some are taking criticisms of the judgment as attacks on Ngcukaitobi AJ. This is wrong. Ngcukaitobi AJ is exceptional. Exceptional jurists make mistakes all the time. To debate a judgment is not to attack the jurist. Fin.
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Justice Moseneke on why the Constitutional Court abandoned “my lord” and “my lady” in favour of “Justice”. Still shocks me that after 25 years the High Court still makes counsel address judges as if they’re English gentry.
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STOP EVERYTHING and listen to Tembeka Ngcukaitobi's incredible reply right now. A poetic, righteous, persuasive defence of the cultural and spiritual rights of our clients in Xolobeni and Dwesa-Cwebe that @Shell tried to call 'subjective'.
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Is it @GovernmentZA's official position that communities resisting @Shell are "apartheid and colonialism of a special type"?. Really, @CyrilRamaphosa?.
“We consider the objections to these developments as apartheid and colonialism of a special type, masqueraded as a great interest for environmental protection.” - Minister Mantashe
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Immensely emotional end to the day after the hearing to approve the silicosis class action with @Richard_Spoor. History being made.
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1. This morning I am taking my time to savour the judgment in @SineguguZukulu and Wild Coast Communities successful application to interdict @Shell's seismic blasting. I'm an interactive reader. Read it with me?. 🧵. BTW judgment and papers are here: .
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Beautiful press statement by the collective lead by the @LRCSouthAfrica that tells you what you need to know about Shell’s loss today and captures our clients’ reactions in a faithful, beautiful way —>.
Today a High Court ordered Shell to CEASE its seismic blasting along South Africa’s Wild Coast, while ordering Shell and the Minister of Mineral Resources and Energy to pay the costs of the application for the interim interdict. #ToHellWithShell.
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The application by Wild Coast communities, @SustainingWild, and @ALLRISELegal to interdict @Shell's seismic survey will be heard at 09h30 today. The hearing will be livestreamed at the following link:
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3. This victory by courageous citizens backed by @CASACZA, @LRCSouthAfrica, @LarcUCT and others will build on Xolobeni’s victory to keep pushing for secure tenure on customary land. The power dynamics are shifting to communities. FAST. Time for government to stand with them!.
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This is, of course, correct - there is no new alcohol ban unless and until new regulations are gazetted. That said, I imagine the President's team took this into account in drafting the speech and expect the regulations to be gazetted before 09h00 tomorrow.
The is no "immediate effect," unless there are regulations that make it "immediate effect." The President does not rule by diktat. This is a democracy guided by the rule of law. Until the regulations are published, there is no ban. This matters.
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.@Richard_Spoor Inc is proud to join @LRCSouthAfrica in representing fishing communities, @TheGreenConnect, and We are South Africans seeking to interdict the proposed seismic blasting of the West Coast. Court papers here —>.
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1. Today our awesome Xolobeni clients launched a case to declare @SANRAL_ZA's conduct in imposing the N2 Wild Coast Toll Road on them, and @EnvironmentZA and SLR Consulting's failure to stop SANRAL, unlawful and unconstitutional. Court papers and a🧵 -->
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The Legal @CouncilPractice asked directors and candidate attorneys how much CAs are paid. Two thoughts:. 1. Absurd that directors claim that only 25% of CAs earn less than R 6000 while CAs report 45% are under 6k. I believe the CAs. 2. CAs are criminally underpaid either way.
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The Zondo Commission's answering affidavit to President Zuma's High Court application to stay ConCourt contempt of court order argues that the HC doesn't have jurisdiction to stay a CC order. If stay is sought in the CC "the Commission might adopt a different approach" 👀
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.@Shell’s application for leave to appeal against the interdict obtained by communities against seismic blasting of the Wild Coast dismissed with costs by Bloem J. The interdict will remain in place pending the communities’ application to set aside Shell’s exploration rights.
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Started working with @Richard_Spoor six years ago today. What a privilege these years have been. Richard's write up of day one -->
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Empty flight to Durban. Depressing. Headed to Xolobeni ❤️
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Was SUCH a delight to bring the Xolobeni judgment on access to mining right applications home to Komkhulu, the great place of Umgungundlovu, yesterday. Some days this job is lovely.
1. THRILLED that the Xolobeni community today won another victory for mining affected communities across South Africa as Makhubele J of the Pretoria High Court declared that communities are entitled to access to applications for mining rights over their land. THIS IS MASSIVE!
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The Constitutional Court website now has all filings in President Zuma's rescission application including:. - CC directions;. - Founding papers;. - Answering papers from the Commission and HSF; and. - Correspondence from Minister and HSF:. Read:
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After years of being told by the state that development will come if people accept the Xolobeni mine, parents have funded the construction of a staff room and four classrooms themselves. Imagine what this community could achieve with state support!.
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This piece on Jacob Zuma from Helen Zille starts with a moving reflection on President Zuma's humanity and ball room dancing skills. And then pivots to call human rights and democratic, accountable leaders 'a western thing'. Wait. What?!. 🤦♀️.
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A stunning victory against Australia's MRC - the company that wants to strip mine Xolobeni - and their efforts to bully community members and activists that stand up to them. Utterly brilliant lawyering.
Victory! Today DJP Goliath has thrown MRC’s attempt to use the law to silence 6 environmental activists out of court.
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Thank you to @GwedeMantashe1's DMRE for rejecting the outrageous proposal for a new coal mine near the Kruger National Park in Malalane. Congrats to @Richard_Spoor and clients on the win.
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The @Richard_Spoor Inc Joburg team getting some well earned rest from taking on coal mines and Tiger Brands 😍❤️
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The Constitutional Court has dismissed the IEC's application for a postponement of the local elections. The Court also orders the IEC to attempt to hold a voters' registration weekend. Elections will be between 27 October - 01 November 2021. Each party to bear their own costs.
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1. In its 2nd article about Dr Lushaba, @TimesLIVE reported that it had "seen a 12-second clip of the video.". Now Dr Lushaba faces a complaint to the @SAHRCommission by @Our_DA and cancellation by @helenzille for targeting whites for 'extermination'. UCT is investigating.
University of Cape Town lecturer Lwazi Lushaba said Adolf Hitler 'committed no crime'.
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1. Yesterday, the Xolobeni community asked their ancestors' assistance for their court struggle against @Shell which will be heard in Gqeberha from 30 May to 01 June. Their message is clear: consultation with communities is not optional in South Africa.
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Hard to overstate how significant @amaBhungane's win today is. For years the state has spied on South Africans without them ever knowing it. May have spied on you. From today anyone who is spied on must be notified within 90 days unless a judge authorises longer. BIG!.
The Constitutional Court rules for @amaBhungane 💪👏. The Regulation of Interception of Communications and Provision of Communication Related Information Act's provisions for bulk surveillance are unconstitutional. Listen to the judgment summary here -->
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Staggering that people are about to be arrested for digging up rocks to try to feed themselves and their families. Instead of being supported to regularise their operations. The criminalisation of artisanal mining is unconstitutional.
The KZN government's executive council has warned that those who are still digging at KwaHlathi outside Ladysmith will from tomorrow face the full might of the law.
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Powerful statement by the Amadiba Crisis Committee challenging @Shell's proposed exploration of the Wild Coast for oil and gas. Join them on 05 December to march to the (stunning) Mzamba estuary.
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Dear media and politicians.Please remember to distinguish between voter turnout as proportion of eligible voters versus proportion of registered voters. They are not the same!.Thanks.
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2. Almost more importantly, the Court finds that National @DRDLR_Online failed its constitutional duties to protect community rights in KZN. And forces them to do their job to protect customary rights for once!.
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The Australian mining company that wants to strip-mine Xolobeni - Mineral Commodities Limited - has appointed former Mbizana Mayor Zamile Qunya as a non-executive director. Mr Qunya deposed to the company's affidavits fighting against the community's #Right2SayNo to mining.
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TODAY IS THE DAY! . Judgment coming at 09:30 in the Wild Coast Community challenge to stop @Shell’s seismic blasting. Win or lose, my clients assure me that this is a small step in a long struggle. Today’s judgment will be broadcast from this link: 🧵>.
Judgment in our Wild Coast Community clients’ application to interdict Shell’s seismic blasting will be handed down by Judge Bloem in open court in Makhanda on 28 December 2021. May justice roll on like a river to the seas our clients’ conserve and benefit from on our behalf 🙏🏻
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Today the Constitutional Court of South Africa held that @ParliamentofRSA ‘overwhelmingly’ failed to hear affected communities’ views before passing the Traditional and Khoi-San Leadership Act. Unconstitutionally. So proud of our brave clients. “Nothing about us without us.”
1. Today the Constitutional Court will hear rural communities challenge to its abject failure to ensure their voices were heard - and considered - in passing the Traditional and Khoi-San Leadership Act. As well as @CyrilRamaphosa's decision to sign the Act into law. A 🧵.
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Yesterday was a momentous day in the history of the Xolobeni struggle. SANRAL finally came to komkhulu - welcomed by more than 400 from across Amadiba. SANRAL was told that the community makes its own decisions about its land. And rejects imposed development. Details -->
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In 2016, the Johannesburg High Court confirmed that Bongani Nkala and 68 others could represent all silicosis victims in a class action. The majority of gold mines then settled with the victims in 2019. DRDGold and East Rand Pty Ltd appealed. Today, that appeal failed 💪
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.@Richard_Spoor Inc reinforcements headed eXolobeni. 2022 is a year for victories for this community!!!!
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XOLOBENI IS OPEN!. Book tours through community leader Siyabonga Ndovela on Facebook or on WhatsApp: +27 71 008 4989.
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