Precedent-setting case to decide protected areas’ fate

Environmentalists in do-or-die battle to save pristine Mpumalanga grasslands

APRECEDENT-setting case against an Indian mining fir m and the gover nment over a controversial coal mine in the pristine grasslands of the Mabola Protected Environment in Mpumalanga will “decide the fate of South Africa’s protected areas” and how it conserves its natural resources vital for water and food security.

Dr Ian Little, the senior manager of habitats at the Endangered Wildlife Trust (EWT), says the green light given by authorities to Atha Africa Ventures for its Yzermyn, near Wakkerstroom, was given “with insufficient due consideration for the environmental impacts of the proposed activity”.

Last year, the ministers of environmental af fairs and mineral resources quietly gave Atha Africa Ventures, linked to relatives of President Jacob Zuma, per mission to mine coal in the 8 772-hectare Mabola Protected Environment and Ekangala- Drakensberg strate gic water source area, which was declared in 2014.

“If we, as a nation, wish to retain functioning ecosystems that continue to provide the vital and constitutionally reserved resources for future generations, then we need to avoid destructive developments that lead to only marginal short-ter m gain to local communities, shortter m financial gain to developers but long-ter m and irreversible damage to our natural resources,” says Little.

Many of the country’s critical rivers, including the Vaal, Tugela and Pongola, originate in the Ekangala-Drakensberg strate gic water source area.

The EWT is part of a coalition of eight non-profit community and civil society organisations which, represented by the Centre for Environmental Rights (CER), launched an urgent interdict application in the Pretoria High Court this week in a bid to halt the commencement of the proposed mine on Wednesday.

Ultimately, negotiations between CER and Atha Africa in court culminated in an undertaking that Atha Africa would provide three weeks’ notice to the coalition before starting any mining activity in the area, and to await the outcome of several other le gal processes required. This is a “crucial concession”, says the CER.

In court papers it filed this week, Praveer Tripathi, the senior vice-president of Atha Africa, stated it wouldn’t have commenced mining this week, or “within the foreseeable future”.

“Atha Africa has always been adamant it will only start mining once it has obtained all relevant statutory per missions.”

Its underground coal mining project requires a capital expense of about R500m “and the deployment of this can only be done on the basis of a very definite project scheduling.

“In a project of this magnitude, when it comes to regulatory uncertainty amid a barrage of media propaganda initiated by the applicants, situations and deadlines change quickly,” he stated.

Almost half-a-dozen legal challenges are still being pursued by the coalition and Atha Africa still requires land use planning approval from the local authority.

BirdLife South Africa chief executive Mark Anderson says the longter m damage would be devastating for local communities and all downstream users and industries.

“This particular mine is being opposed as it would fall within an Important Bird and Biodiversity Area.”

CER executive director Melissa Fourie says the “battle to save Mabola rests in many hands.

“There are appeals pending before Mpumalanga’s MEC for Environment, Vusumuzi Shongwe, and the director-general of the department of mineral resources.

“There are also already judicial review proceedings pending before the high court in Pretoria, with more review proceedings to follow shortly,” Fourie says.

Tripathi stated in his papers that the CER had “bombarded” Atha Africa with demands for an undertaking not to commence mining, “which were repeatedly met with the response that it would only start mining once all the relevant notices, consents and per missions were in place”.

However, Fourie says that had the coalition not launched its court proceedings this week, “every indication was that Atha would have commenced activities before June 28”.

The coalition had given Atha repeated opportunities to state when it planned to start mining – if not before June 28 – but it failed to do so, she says.

“The coalition has challenged each and every per mit issued to Atha.

“Their clear interest in the matter notwithstanding, Atha has deliberately kept them in the dark throughout the regulatory compliance process.”

So, in circumstances where the coalition has been kept in the dark about the state of Atha’s authorisations by Atha and some decision makers, an obligation to give three weeks’ notice is significant…

“(It) will place the coalition in a position to approach the court if necessary to stop them, if this is the case.”

In a statement, Tripathi accused the CER of “failing” in its bid to stop the mine.

“Over the past five years, we’ve demonstrated our bona fides as a responsible coal miner by diligently following all of the required authorisation processes.”

In response, Fourie says: “The damage that this mine would do to water resources cannot be undone.”