THE OTHER SIDE OF ILLEGAL MINING

ILLEGAL mining operations do not only pose a threat to established mining companies but to the very livelihood of a number of Kimberley residents and the future of the city itself.

This is according to the spokesperson for the Kimberley Ekapa Mining Joint Venture (KEM-JV), Gert Klopper, who emphasised yesterday that legitimate attempts to reach an amicable resolution between the KEM-JV and illegal miners, operating in and around the city, were being undermined by widespread criminal and violent activities.

Much of the animosity between the KEM-JV and the illegal miners relates to the right to access and process numerous historical tailing mineral resources (TMRs) that were created by De Beers over the course of more than a century of operations in the vicinity of Kimberley.

As these TMRs still hold significant potential for diamond extraction due to technological advances made in ore treatment, in January last year Petra Diamonds, in partnership with Ekapa Mining, acquired both the TMRs and the properties on which they lie from De Beers.

Following approval by the Competition Tribunal, these operations were combined with Ekapa’s Super Stone operations and Petra Diamonds’ Kimberley Underground operations (previously acquired from De Beers) into an unincorporated joint venture, known as the KEM-JV, in July last year.

According to Klopper, the venture was expected to provide work for well over 1 000 employees and hundreds of contractors, which would be of tremendous, direct and indirect, socio-economic benefit to the city and its residents by extending the lifespan of operations in the area by more than a decade.

However, he added that despite the KEM-JV’s best efforts, its business plan was being seriously compromised by the escalating prevalence of illegal mining in the area.

“The illegal activities are a major concern given that they are taking place under no formal authority whatsoever and constitute, quite simply, unlawful invasions of land and the brazen theft of resources in gross violation of the laws of the country on an unprecedented scale,” Klopper said yesterday.

“The mechanisms by which the illegally mined diamonds are illicitly sold locally, before finding their way into the diamond market, are especially of grave concern and could have disastrous consequences for the country as a whole, while further putting the future operation of the KEM-JV, the employment of its significantly more than 1 000 employees and contractors at risk.”

Illegal activities are also compromising the safety of KEM-JV personnel, with Klopper saying that the frequency and intensity of violent clashes between the illegal miners and mine personnel was further cause for concern.

“Mobs of illegal miners, sometimes numbering in their hundreds, are continuously attempting to intimidate and frighten personnel, damaging KEM-JV equipment through arson, stoning of company vehicles, copper theft and damage to crucial infrastructure.”

Klopper pointed out that these are among the illegal activities that are contravening the Mineral and Petroleum Resources Development Act (MPRDA), the Mine Health and Safety Act (MHSA), the Diamonds Act and a host of environmental laws.

“In addition, these illegal and unregulated mining activities are causing significant environmental damage, with no obligations on the illegal miners to repair any such damage caused.”

Klopper further explained that diamonds produced as part of illegal mining were not subject to any taxes or levies, and do not require any social contribution from the miner or the buyer, as opposed to when these diamonds are being extracted by a legitimate, sustainable and responsible mining company.

“Diamonds illegally mined therefore only serve to enrich those who form part of this illicit pipeline, and provide no other social benefits.

“Given the extent of the illegal mining activity, it is clear that this is a highly-organised group underpinned by powerful and unscrupulous criminal syndicates, despite self-proclaimed euphemistic titles such as ‘artisanal miners’ when they are in fact, by their own admission, illegal miners.

“It is also clear that a significant number of the illegal miners are not local or South African citizens; therefore the claims that these are unemployed local people just trying to put bread on the table is not correct.”

Earlier this year, several of the illegal miners unsuccessfully appealed against an eviction order that was granted to the KEM-JV in the Northern Cape High Court, with Judge Cecille Williams not convinced that there were reasonable prospects for success.

Further appeals to the Supreme Court of Appeal and the Constitutional Court by the illegal miners also proved futile on similar grounds.

Meanwhile, the KEM-JV was successful in its application to have the initial eviction order executed by the sheriff of the court pending the outcome of the drawn-out appeal process.

Apart from having the matter heard in the courts, Klopper added that the KEM-JV had implemented measures to secure its property and has distributed flyers to inform the miners of the illegality of their actions, and also requesting that they cease operations and vacate the property.

Signs demarcating KEM-JV premises have also been erected throughout the city while the company has been attempting to keep the public informed of developments through the media.

“Measures to protect the properties and resources in question have been stepped up considerably,” Klopper continued. “This includes the fencing off of affected and vulnerable areas, an increase in regular patrols, and the installation of electronic and other surveillance equipment.

“There have also been extensive efforts to engage with the relevant authorities, including the Office of the Premier of the Northern Cape, the Department of Mineral Resources, the SA Police Service, local and district municipalities and others, to engage with the illegal miners in order to point out the illegality of their actions and request them to cease their activities.

“These interventions have not had the desired effect, since the illegal miners have become increasingly more aggressive in their actions.”

The situation came to a head in mid-September when security personnel used rubber bullets to disperse a group of illegal miners who were barricading the Boshof haul Road, preventing normal haulage operations of quarry dolerite for mine area road maintenance and road building.

This incident resulted in several criminal charges as well as the arrests of two of the illegal miners’ leaders, while four security guards were left seriously injured.

“More recently, another personnel member was seriously injured while others sustained minor injuries at the Stadium Dumps last Tuesday,” said Klopper.

“Apart from these incidents, there are other well-documented cases of trespassing, arson, significant damage to property such as vehicles and fences, and other criminal actions by the illegal miners.”

In conclusion, Klopper said that the KEM-JV was pleased with the decisions of the Northern Cape High Court, the Supreme Court of Appeal as well as the Constitutional Court, and he commended the courts for recognising the lawful right of the KEM-JV to conduct responsible mining operations within an established framework.

“The KEM-JV will continue exercising its rights to operate in areas which it acquired from De Beers and, in doing so, take the necessary steps to ensure the safety of people and equipment.”