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 -->
2. The Xolobeni community won the #Right2SayNo to mining on their land in the landmark Baleni judgment.

Of course, a #Right2SayNo is also a right to consent enthusiastically to projects the community embraces.

That judgment makes clear that consent must be 'full and informed'.
3. Instead of accepting that the standard is 'full and informed' consent, today's meeting will merely be a 'vote'.

Who is administering this 'vote'?

Not the IEC.

Either MEC Madikizela, the local municipality, or SANRAL.

All of whom support the toll road.
4. Who is entitled to 'vote' about what happens to the community's ancestral land?

Anyone who attends.

Including the people that are being bussed in from a range of unaffected communities.

No busses have been arranged for the affected community.

This 'vote' is not 'consent'.
5. The community objected.

They say that their customary law requires consent of the people who will specifically lose land.

And then ratification at the community's Komkhulu (great place).

The State disagreed: "The Chief decides"
6. The State lectured the community that "they are sitting on gold".

The community must make way for the toll road to subsidise the Xolobeni mine and for the State to build a 'smart city' on their land.

Indeed, both the mine and 'smart city' are already planned -->
7. The civil servants at @SANRAL_za insist that the toll road and the mine are not linked.

There is no reason to doubt their good faith.

But the road will unquestionably subsidise the mine and its biggest backers are mine supporters.

Read more: dailymaverick.co.za/article/2020-1…
8. Today's 'vote' at Sigidi plainly reflects a State intent on imposing 'development'.

And the community wants development!

But on their own terms.

On terms that they will actually benefit from.

Full details from the Amadiba Crisis Committee: facebook.com/amadibacrisisc…
9. Police are now arriving for the 'vote'.

Follow @shude_zolile and @Eli_Kunene for more updates through the day.
10. So far unclear whether a 'vote' is happening and, if it is, the terms of the vote:

11. Does not seem like there's going to be a 'vote' today.

But let's see.

12. Seems more police are being gathered to try to force the meeting to proceed.

15. Last update of the day: the Xolobeni community wins yet again.

A luta continua but victory is certain:

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More from @JohanLorenzen

8 Sep
The Constitutional Court website has a link promising details on hearings for the fourth term.

Click the link and:

"Not Found

The requested URL /sss was not found on this server."

This website will be the end of me. ImageImage
The Court finally updated its Caseflow Summaries.

At leave six matters have already been set down for November.

A blockbuster for the nerds will be Lebashe on appealability of interim interdicts on 02 November 2021. Image
Voice of the Unborn's application to confirm a High Court order regarding the burial of remains after a pregnancy loss will be heard on 04 November 2021.

HC judgment: saflii.org/za/cases/ZAGPP… Image
Read 6 tweets
10 Apr
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.
2. But what did Dr Lushaba say?

The full lecture is now on YouTube.

Did Dr Lushaba defend or minimise the Holocaust?

No.

Not in any way, shape, or form.

Quite the opposite.

Thread continues:
3. In describing an outdated theory of political science, Dr Lushaba did say the words that the Holocaust was not a crime.

But it is plain that is not his own view.

Throughout the lecture, he makes clear that the massacre of humans is evil.
Read 9 tweets
4 Feb 19
1. As ⁦@imanrappetti⁩ interviews ⁦@GwedeMantashe1⁩ for the keynote address at the Mining Indaba, Nonhle Mbuthuma is sung to the stage for the keynote address at the Alternative Mining Indaba to speak on Xolobeni’s stand for the #Right2SayNo for all communities.
@imanrappetti @GwedeMantashe1 2. Nonhle opens her keynote by thanking the communities and civil society who have stood with Xolobeni over the years.

She says she is often asked why foreigners and outsiders support Xolobeni.

Her response: "Solidarity is not a crime"
@imanrappetti @GwedeMantashe1 3. Nonhle notes that South Africa's constitution is rightly praised.

But for Xolobeni, the state has participated in an assault on the community.

So the community had to take their own government to Court to demand the #Right2SayNo to mining.

And won.
Read 12 tweets
3 May 18
1. Despite all our flaws, today, I am immeasurably proud to be a small part of @Richard_Spoor Inc.

After the Mankayi test case was lost in the HC and in the SCA (with three concurring judgments), Richard argued before the Constitutional Court himself.

He won.

Workers won.
2. As noted in our founding papers in the class action, Gramsci wrote about #silicosis.

There is no mystery: dust causes silicosis.

With responsible mining, silicosis is preventable.

But in SA, responsible mining was more expensive than black lives.
3. The only true justice for workers would have been healthy bodies.

But their bodies were broken.

Today’s #silicosissettlement cannot adequately compensate for this harm, but it provides a measure of justice in a case that would have taken at least decade longer to litigate.
Read 6 tweets

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