Rain halts eviction of miners
RAIN in Kimberley yesterday temporarily halted the eviction of illegal miners from mining properties belonging to Kimberley Ekapa Mining Joint Venture (KEM-JV), but the process is expected to continue later this week.
The sheriff of the court last week executed the eviction order that was granted by the Northern Cape Division of the High Court, directing the eviction of illegal miners from KEM-JV properties, leading to violent clashes between illegal miners operating in Kenilworth and the Samaria Road are, police and private security personnel.
Chaos erupted on Thursday and several illegal miners were injured when the police and “busloads full” of private security personnel, employed by KEM-JV, fired rubber bullets and stun grenades at the miners.
The situation, however, remained calm yesterday as rain put a damper on the evictions.
KEM-JV spokesperson, Gert Klopper, yesterday again reiterated that the eviction order, which was granted by the Northern Cape Division of the High Court, directing the eviction of illegal miners from KEM-JV properties and subsequently upheld by the Supreme Court of Appeal and the Constitutional Court, was “a victory for the rule of law, and would allow KEM-JV to execute its business plan, for the benefit of the community of Kimberley, without interference from parties conducting illegal activities”.
“KEM-JV reserves the right to take any necessary legal actions to prevent re-invasion of these properties by illegal miners. We are cognisant and appreciative of government’s attempts to create a regulated artisanal mining framework and environment. We remain committed to contributing to this process inasmuch as it is done without prejudice to our rights and does not jeopardise our ability to deliver on our commitments to our internal and external stakeholders,” Klopper said.
He added that the benefits of the evictions to the community of Kimberley would include extended employment for the workforce of well in excess of 1 000 employees and several hundred contractors (with all its positive multiplier effects for the community), increased revenue for the fiscus in the form of income and related taxes, increased direct and indirect benefits to Kimberley in terms of social investment, local procurement and socio-economic stability, a sustainable and comprehensive rehabilitation programme and associated social and labour plan initiatives and the extension of the mine life for the operations for well in excess of 10 years.
“Illegal diamond mining activities are of major concern given that they are taking place under no formal authority whatsoever and constitute unlawful invasions of land and brazen theft of resources in gross violation of the laws of the country on an unprecedented scale.
“It is endangering the Kimberley Process compliance for South Africa by creating a black market for diamonds that have not been mined lawfully or ethically. The mechanisms by which the illegally mined diamonds are illicitly sold locally and find their way into the diamond market are especially of grave concern and could have disastrous consequences for the country as a whole.
“It is diminishing the economic value of the TMRs and thereby placing the entire KEM-JV business plan at risk, diverting revenue away from responsible, sustainable and legitimate mining operations towards illegal activities that erode the social and moral fabric of the Kimberley community, putting the future operation of the KEM-JV, the employment of its significantly more than 1 000 employees and contractors and all the positive socio-economic benefits for Kimberley and South Africa (via tax and royalty contributions) at risk,” Klopper stated.
He said that illegal miners were causing violent physical harm to KEM-JV personnel, who were “frequently attacked” when they tried to gain access to a KEM-JV mine site that has been invaded by illegal miners.
Klopper added that mobilised mobs consisting of 400 to 600 illegal miners were “continuously attempting to intimidate and frighten KEM-JV personnel and sabotaging and causing continuous damage to KEM-JV equipment using methods such as arson, the stoning of company (and sometimes private) vehicles, the theft of copper cables, damage to crucial infrastructure, fencing and signage and blockading and destruction of roads, thereby increasing operating costs which further threaten the sustainability of the operations”.
“The activities, apart from being flagrant trespassing on the properties in question, are illegal in terms of legislation and regulations affecting mining. KEM-JV’s appeal to authorities to intervene in order to resolve this situation is therefore an appeal for the rule of law to be upheld.
“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.
“Diamonds produced as part of illegal mining are 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.
“For the reasons above, we have, since the acquisition of these properties and TMRs from De Beers, been addressing this issue with seriousness and urgency. This mitigating action included clear communications regarding the illegality of these actions, improvement in physical security and discussions and co-operation with all relevant authorities, amongst others.
“As these measures did not deliver the results required, KEM-JV is pleased that it has been able to rely on due legal process,” Klopper concluded.