Phosa, mining and a royal battle
Political and business interests clash over Sekhukhune’s mineral wealth
Amining area in the Sekhukhune district of Limpopo was scattered with red and white signs declaring: “Bauba Mining Area No Entry No Unauthorised Persons”.
These signal the i ntersection where a political heavyweight, JSElisted companies and contenders in a bitter, drawn-out Bapedi kingship battle would meet. And, as the wellworn idiom goes, when elephants fight, the grass suffers.
Two weeks ago the Mail & Guardian reported how illegal mining was destroying an already desperately poor community on the R37 between Atok and Burgersfort in Limpopo. Bauba Platinum denies any involvement in the illegal mining activities. The company’s lawyer, Tinus Slabber, says it was forced to erect “no entry” signs because illegal miners were starting to infringe on the farms for which Bauba retains prospecting rights. “Bauba has not been involved in any illegal mining and you are welcome to inquire at DMR [department of mineral resources] and SAPS [South African Police Service] as to the true facts,” Slabber reiterated.
Now it has emerged that, for years, several companies and individuals have been lobbying the department for permits to prospect and mine in the Sekhukhune district.
The JSE-listed company Bauba Platinum, which has ANC stalwart, Mathews Phosa as a nonexecutive director, owns prospecting and mining rights on Bapedi land.
Therein lies the rub: anyone, even a king, seeking these rights first has to obtain the Bapedi tribal council’s approval. But for years the council has been divided over who is the nation’s rightful leader.
So the question is: Who gave Bauba Platinum those rights? The answer is complicated. According to departmental documents, Victor Thulare signed over about 10 prospecting rights in the greater Sekhukhune area to Bauba on behalf of the Bapedi. He is one of the shareholders of Bauba.
When the M&G asked Phosa about the traditional council resolution approving the rights, he referred the matter to Slabber, who in turn referred the M&G to the department.
“To the best of my recollection, a resolution was passed by the royal council. It ought to be filed at either the DMR or at the royal council of King [Victor] Thulare,” Phosa said.
When the department’s spokesperson, Ayanda Shezi, was asked for the council resolution, she said the department did not wish to be drawn into the “contestations of traditional leadership. The holder of the prospecting right was Rhyne Thulare Sekhukhune, hence the right referred to his identity number. Given the fact that he was the king, it was somehow deemed relevant to make mention of the fact that he acted on behalf of Bapedi nation.”
But the document granting prospecting rights to Rhyne Thulare, which the M&G has seen, states that prospecting rights were obtained on behalf of the Bapedi.
Slabber confirmed this, saying: Victor Thulare, the son of Rhyne Thulare, is at the centre of the dispute over the Bapedi kingship. Repeated attempts
“They travelled [to Cape Town] and approached of their own volition certain private individuals with expertise in mining to assist in applications for mineral rights. Looking back, it is my instructions that at the time they were impoverished and desperately in need of help and financing,” he said.
He said Rhyne Thulare brought the prospecting application to the department on behalf of the Bapedi in April 2005, and the rights were granted in 2006.
But neither Phosa nor representatives for Bauba could explain why the department signed off the prospecting rights on behalf of the Bapedi to Rhyne Thulare in December 2007 — before Zuma had recognised him as the king.
A tangled web
Phosa said he had little involvement in the matter before the granting of the prospecting rights, but admits he had been a long-time adviser of Rhyne Thulare, who died leaving his son, Victor Thulare, to be advised by him. “I was Rhyne Thulare’s adviser to his death and thereafter the tribe asked me to continue in that capacity to ensure that his interests and those of his tribe are protected.
“In addition, the royal council established by Rhyne Thulare mandated me to continue to be Victor’s adviser,” Phosa said.
He was emphatic that he had played no role in Rhyne Thulare applying for prospecting rights.
Yet the M&G has seen a meeting register dated March 27 2007, which shows that Phosa, five department representatives, five members from a company named Alliance Data Corporation (ADC), three Bapedi community members and two people who are currently associated with Bauba, were at a meeting to discuss prospecting rights.
When the M&G put this to him, Phosa said he had attended the meeting “as a representative [of Victor Thulare’s mother] … It was an informal meeting called by the DMR to reconcile various disputes.”
But two former ADC employees who were at the meeting said they met to discuss obtaining mineral rights in Sekhukhune.
“I don’t remember all the details but it was something to do with mining rights. I was doing consulting work for them [Bauba].
“I remember Bauba was one of the companies trying to get mining rights and ADC was involved. There were a lot of other people involved and we had a lot of meetings,” said one of the former employees.
KK Sekhukhune said he had “never been at any meeting where mineral rights were discussed on behalf of the Bapedi nation involving Bauba”.
“They knew they had to consult the traditional council, which includes myself, for the renewal of their mining rights,” he said.
In 2012, KK Sekhukhune, at the time unaware that the department had granted some prospecting rights, went back to court to challenge Zuma’s recommendation on the kingship. He also sought a ruling on which council had the authority to make decisions on behalf of the Bapedi.
Phosa is assisting Victor Thulare in his bid for the kingship and said the matter is before the Supreme Court. “My law firm and partners are dealing with this issue of the kingship. He [KK Sekhukhune] is not the legitimate leader. He was put in there by the previous government.”