Saturday Star

Hope for mining communitie­s

- SHEREE BEGA

ELTON Thobejane and his neighbours gave up their land for the constructi­on of a road for a platinum mine, hoping it would bring benefits to their impoverish­ed community.

But that hasn’t been the case for their community in Burgersfor­t, Limpopo, says Thobejane, the deputy-president of the Mining and Environmen­tal Justice Network of South Africa (MEJCON-SA), a network of communitie­s, community-based organisati­ons and community members whose environmen­tal and socio-economic rights are affected by mining activities.

“We’re been trying to get the company to the table for our local communitie­s to push their own agenda so that mining can ultimately benefit them, but unfortunat­ely we haven’t won that battle,” Thobejane.

“The water we depend on is no longer healthy for us to drink and the end result is that the pollution is having an impact on people downstream, affecting their food and livestock... We need projects that benefit communitie­s.”

This week, in what was hailed as a victory for mining community networks, the Pretoria High Court ruled that MEJCON-SA, Mining Affected Communitie­s United in Action and Women Affected by Mining United in Action, be granted leave to intervene in the review of the Mining Charter, brought by the Chamber of Mines against the Minister of Mineral Resources.

The verdict, says the Centre for Applied Legal Studies, which together with Lawyers for Human Rights represente­d the three organisati­ons, “gives mining-affected communitie­s a voice” in the Mining Charter review.

“We wanted to intervene in this Mining Charter battle because we want to address the gaps within the charter. We’ve got very serious challenges and it’s not clear to us how we benefit from the charter,” says Thobejane.

The court further ordered that the Chamber of Mines pay legal costs for opposing the community networks’ interventi­on in the case, which is “gratifying that the court recognised there was no basis for the Chamber of Mines opposing the communitie­s’ interventi­on”, explains Wandisa Phama, an attorney at Cals.

For the past 15 years, negotiatio­ns on the three versions of the Mining Charter have involved the government, mining companies and trade unions, but left mining affected communitie­s out, says Phama.

“The developmen­t around mining developmen­t and the direction it should take has always happened between government and mining communitie­s and has had the effect of not seeing communitie­s as stakeholde­rs, which is very misplaced, because these are the host communitie­s of the labour force.

“We were not surprised that the Chamber of Mines opposed this matter as they don’t see communitie­s as important stakeholde­rs, but I’m hoping the government considers communitie­s as important stakeholde­rs to be engaged with.

“Living in a mine-affected area, you feel the impact with your water resources, your livelihood and your environmen­t – all these are impacts felt by communitie­s.”

The Centre for Environmen­tal Rights says mining-affected communitie­s are also excluded from processes that purport to benefit them, such as developmen­t of social and labour plans and the Mining Charter.

“The Mining Charter has at its core the transforma­tion of the mining industry to benefit historical­ly disadvanta­ged South Africans ... The majority of South Africa’s mining-affected communitie­s are historical­ly disadvanta­ged and many were forcibly relocated to those areas by the apartheid government. It is therefore paramount that mining affected community voices are heard in this court case.”

In a statement, the Chamber of Mines noted the judgment: “The court further ordered all parties to strictly adhere to the time lines previously laid down by the Deputy Judge President of the Gauteng High Court for the serving and filing of pleadings and heads of argument.”

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