At the Investing in Africa Mining Indaba 2026, experts highlighted South Africa's land and mining crisis as a political and structural issue requiring community control. Discussions focused on governance challenges and proposed innovations for democratic land management. The event underscored the need for collective consent in mining and development.
The Investing in Africa Mining Indaba 2026 featured a co-hosted breakfast session by CNV Internationaal and the Initiative for Responsible Mining Assurance on customary governance and accountability. Panelists from traditional authorities, mining executives, labour, community foundations, and social auditors reached a consensus that South Africa's land crisis is political, structural, and about power, addressable through dialogue.
The session raised the question: 'Who truly speaks for the land?' It revealed flaws in the current system, including the Mineral, Petroleum and Resources Development Act prioritizing mineral access over tenure security, and the Interim Protection of Informal Land Rights Act being invoked more than enforced. Traditional structures face heavy representational burdens, while Free, Prior and Informed Consent often reduces to a signature. Mining companies emphasize Environmental, Social and Governance scores amid community struggles for recognition.
Letitia Jentel, programme manager in the South African Institute of International Affairs’ Futures Programme, outlined four innovations in an op-ed. The 'Living Land Title' offers perpetual secure tenure to community entities with a Community Consent clause and Intergenerational Commons. The 'Soil & Soul Fund' would be funded by levies on exports and mining revenues, diaspora bonds, and pension allocations to support land acquisition and restoration.
The 'Customary Constitution' enables communities to define leadership, land allocation, dispute resolution, and consent processes rooted in indigenous principles. The 'Generational Tribunal' would investigate land injustices, collect oral histories, and issue Certificates of Moral Claim to aid negotiations and preserve national memory.
These proposals aim to disrupt property rules, financing, power dynamics, and narratives, fostering democratic control. As Jentel noted, the land crisis reflects broader governance and imagination failures, with communities and history demanding attention.
