Cops, mines ‘working together’
MORE allegations of an “unsavoury” relationship between the police and the Kimberley Ekapa Mining Joint Venture (KEM-JV) have been made after seven illegal miners were remanded in custody yesterday after they were arrested for trespassing.
Dirk Kwas, Victor Erasmus, Boeta van Wyk, Shadrack Chabiria, Kayasara Mohale, Derrick Gouws and Isaac Molilwa are facing charges of trespassing and malicious damage to property following their arrest on Tuesday and made a brief appearance in the Kimberley Magistrate’s Court yesterday.
The seven will remain in custody after the matter was postponed to next week for a formal bail application.
This left their supporters, who protested outside the court, outraged as their suspicions “of unscrupulous forces”, operating against them, continue to mount.
Following yesterday’s proceedings, local leader of Mining Affected Communities United in Action (MACUA), Tebogo Taku, said the fact that the seven will be spending the next few days in custody was “further evidence of clandestine collaboration between the mining company and law enforcement”, adding that there had been ample time for the investigating officer to confirm the addresses of the accused prior to their first appearance yesterday.
“The police should be ashamed of what they have done,” he told close to 100 illegal miners outside the court. “It has become increasingly clear that the police cannot be trusted.
“The officer in charge of this case had more than 24 hours to confirm the addresses and he did not. He is the reason our comrades are still in custody,” he claimed.
Taku said that the miners would approach the Provincial commissioner of police to intervene and ensure that disciplinary action is taken.
“We will respect the magistrate and the court’s decision, but we want to make sure ‘UNDERMINING’: Tebogo Taku, one of the leaders of the Kimberley Artisanal Mineworkers, yesterday addressed illegal mineworkers outside the Kimberley Magistrate’s Court.
Picture: Danie van der Lith that the officer responsible is suspended,” he added.
Last Wednesday, Taku, along with KAMW chairperson, Lucky Seekoei, was granted bail of R2 000 and they were released on condition that they do not enter Ekapa property and refrain from interfering with State witnesses.
This followed their arrest earlier in the week on trespassing charges, after a violent confrontation saw mine personnel open fire with rubber bullets and left four security guards hospitalised.
Upon their release, Seekoei was extremely critical of the police, claiming that they were in cahoots with the mining company.
Seekoei yesterday confirmed that the illegal miners’ appeal against an eviction order, granted in the Northern Cape High Court in January, will be heard in the Constitutional Court next week.
Last week, KEM-JV successfully made an application for the eviction order to be executed, citing the outbreak of violence as exceptional circumstances warranting its immediate enforcement.
“We have been continuing our efforts to engage with the various stakeholders to see if we can reach an agreement,” said Seekoei. “To this end, we met with the deputy director general of the Department of Mineral Resources (DMR) who agreed that Ekapa are not complying with section 11 of the Mineral and Petroleum Resources Development Act (MPRDA),” he claimed.
“If they are allowed to operate outside the law, then anyone should be allowed to do so. We are hoping that we will see more positive results after our appeal before the Constitutional Court next week.”
Spokesperson for the KEM-JV, Gert Klopper, said yesterday that while the mining company had laid the criminal charges against the seven miners, their arrest was unrelated to the eviction order.
“A group of illegal miners invaded clearly marked and demarcated property of KEM-JV by removing a section of clearly marked security fencing and entering the area,” he said. “A case has been opened with the police, and they laid appropriate charges for, inter alia, malicious damage to property, trespassing and illegal mining.
“The company is exercising its rights to operate in areas which form part of its mining right and, in doing so, take the necessary steps to ensure the safety of people and equipment.
“It also reserves and exercises its right to protect its property against invasion and illegal activities.”