Illegal miners’ appeal fails
THE CONSTITUTIONAL Court has ruled that an eviction order granted in favour of Kimberley Ekapa Mining Joint Venture (KEM-JV), against illegal miners operating on the mining company’s premises, will be enforced.
This comes after the matter was heard before the Concourt following numerous appeals against the eviction order, which was granted in the Northern Cape High Court in January.
On Tuesday last week, the Concourt ruled that there was no further evidence to warrant the leave to appeal against the eviction order, adding that the application had no prospects of success. The court further ruled that future applications to adduce further evidence be refused.
Yesterday, the chairman of the Kimberley Artisanal Mineworkers (KAMW), Lucky Seekoei, said that while their members were disappointed to see the court uphold the eviction order, it was unlikely to have any significant impact on the informal miners’ day-to-day activities, adding that their operations would continue.
“We were disappointed to lose our appeal in the Constitutional Court and while we will not be appealing against this ruling, we will not stop working the way we have been,” Seekoei said.
“If anything, the judgment serves as proof that Ekapa are also mining illegally and should also be forced to stop their operations if we are not allowed to continue with ours.
“Until we see police going onto Ekapa’s property to force them to stop mining, our operations will NOTHING CHANGES: The leaders of the illegal miners, Tebogo Taku (left) and Lucky Seekoei, said that they would continue working as before. continue.
“There is no reason why they should be allowed to disregard the law while we are treated like criminals.”
The spokesperson for KEM-JV, Gert Klopper, said that the ruling meant that the police and the sheriff of the court would now have to enforce the eviction order, emphasising that the miners were operating illegally and should not be classified as “artisanal miners”.
“Artisanal miners refer to small miners who operate within the confines of a legal framework, which includes obligations on them with regards to, inter alia, taxation, compliance with labour legislation, approved rights to areas of operation, compliance with environmental and safety legislation, regulations and standards and adherence to Kimberley Process requirements,” Klopper explained. “All of these are absent in the operations of the illegal miners in Kimberley.
“KEM-JV is pleased with the decision of the Northern Cape High Court, the Supreme Court of Appeal as well as the Constitutional Court, as they recognise the right to conduct responsible operations within an established framework for the benefit of employees, communities, the environment and the state without the scourge of illegal mining, which contributes to lawlessness and the illicit flow of funds and diamonds, all to the detriment of the same stakeholders and the country as a whole.
“This decision makes a positive economic and social contribution to Kimberley and the national fiscus through job creation, payment of taxes and royalties, and social upliftment through the mine’s social responsibility programmes and Social and Labour Plan.
“It is also a victory for good governance in diamond mining, removing a threat to the integrity of diamonds legally mined in South Africa as a result of illegal black market trade.”