Birch farm mining for answers

Residents and CHDM claim no consultations took place before company started mining on land

Birch farm residents near Komani are demanding answers after a local company started mining aggregate stone, gravel and sand in their area without their knowledge.

According to residents, the land was bought by the department of land affairs for the development of a residential settlement project for the people of Mvani and Birch farm. The land was then transferred to Chris Hani District Municipality (CHDM).

Community leader Bonakele Makoli said in 2015 they started seeing people coming to the quarry without consultation with residents. The mining is being done by HJT Construction.

“In April they came and started working. When we asked them, they said they had a permit to work and showed us papers.”

Makoli said the community of Birch farm was not benefiting from the mining and there was no engagement with them.

There have been conflicting statements regarding the project. The department of mineral resources (DMR) and HJT have confirmed the necessary permissions were acquired and the project had been approved. CHDM has meanwhile forwarded the Birch farm matter to its legal services department for investigation.

DMR spokesperson Ayanda Shezi said an environmental assessment was done prior to the issuing of environmental authorisation.

“The community engagement was done as per the requirements for public participation during the application process and CHDM was consulted as the land belonged to it.”

Shezi said the report indicates there were no significant concerns considering the fact that there was an existing pit on site.

“There were no objections raised by any interested and affected parties and the mining permit was therefore issued as per the prescribed legislation,” said Shezi.

HJT’s attorney Stirk Yazbek said the company followed all processes.

“HJT has a permit and it has an operating agreement with Eastern Cape Quarries.”

He said the DMR would not have issued the licence without the appropriate legislation being complied with. There was an engagement with CHDM about use of the quarry as the area belonged to CHDM, not the community,” he said.

Department of rural development & land reform spokesperson Thabile Mehlomakhulu confirmed that Eastern Cape Quarries was mining in that area after a permit was issued by DMR to HJT Transport Mining and Civil (Pty) Ltd for two years.

“The consultant indicated she did attempt to engage with the community and CHDM on numerous occasions, but they did not avail themselves for public consultations. We are not aware of the agreement between the municipality and HJT, but they [HJT] indicated that they are cooperating with the community and assisting in providing water for 60 cattle grazing the farm,” she said. However Makoli disputed this. CHDM DA councillor Malibongwe Xhelisilo said council had never taken any resolution to allow mining on that land.

“In fact, we don’t know that we own that land as the council of CHDM.”

CHDM spokesperson Lonwabo Kowa said the Birch farm issue was receiving their urgent attention and remained a priority.

“The matter has since been referred to our legal services team and are at this stage not at liberty to dilvuge any information as that could jeopardise our investigation. We will notify you of the outcomes of the investigation,” he said.