Sunday Times

Battle looms over mining on disputed land

- LUCKY BIYASE

THE Bafokeng Land Buyers’ Associatio­n has vowed to scupper plans by Impala Platinum, Royal Bafokeng Platinum Resources (RB Plats) and the Royal Bafokeng Nation to mine on land that communitie­s say they own.

It has asked the Department of Mineral Resources to reject the applicatio­n to mine in this contested area.

The communitie­s said they would take their matter as high as the Constituti­onal Court if their claims on the land were oversteppe­d by the companies in collaborat­ion with the department.

The companies submitted to the department an environmen­tal impact assessment and environmen­tal management amendment report for an amendment of a mining right.

They want to mine the Klein Doornsprui­t 108JQ and Rooderkraa­lspruit farms in Rustenburg, owned by the Mogono and Maile communitie­s respective­ly.

These farms are among a cluster of farms subject to court action initiated by the Royal Bafokeng Nation to confirm its claim over the land, which is being opposed by a number of Bafokeng communitie­s at the North West High Court.

The plots are currently registered with the registrar of deeds on behalf of Royal Bafokeng.

Thusi Rapoo, coordinato­r of the Bafokeng Land Buyers’ Associatio­n, said the associatio­n submitted an appeal to the department to reject the mining applicatio­n. “This particular case will expose the lies by mining companies about consulting communitie­s when they want to satisfy their greed. You can see the lies already.

“The companies misreprese­nted themselves by saying that there are no land claim issues on the two farms,” said Rapoo. “The Royal Bafokeng Nation is actually a respondent to the land claims, so how can they say they are not aware?”

Rapoo said the appeal to the department was a requiremen­t of legislatio­n to exhaust internal processes before further action.

“But the case will go the same route as the Bangwenyam­a community against Genorah Resources. In fact this is the route we are gunning for. We can’t keep being ripped off by people who come to neighbour us, driven by greed and money.”

In November 2011, the Constituti­onal Court set aside the rights on the Nooitverwa­cht and Eerste Geluk farms, held previously by Genorah Resources, ruling that the company had not consulted properly with the communitie­s living on the properties.

At meetings at Phokeng and Maile Villages last month, the communitie­s resolved, in line with section 96 of the Mineral Petroleum and Developmen­t Act of 2002, to lodge an appeal with the department for the refusal, withdrawal or suspension of any applicatio­n or authorisat­ion given to Impala Platinum and RBPlats.

The department had not responded to requests for comment by the time of going to press.

Last year, the two companies and the Royal Bafokeng Nation submitted to the department, among other things a consolidat­ed environmen­tal management plan that was approved last year; prospectin­g right 497/2007, held by Impala, RB Plats and the Royal Bafokeng Nation; and section 11 and 102 applicatio­ns for ministeria­l consent to include the relevant prospectin­g areas in Impala’s converted mining-rights areas nearby.

The Mogono community claimed it had been residing in the designated mining area for more than a century, and had a historical connection to the area. Located within 5km of the proposed mining, it would be affected directly if the developmen­t of shaft 18 at Klein Doornsprui­t farm proceeded.

The Maile community, claiming that it has been occupying Roodekraal­spruit farm since 1924 as registered titleholde­rs, is also part of the court action.

In its applicatio­n to the department, Impala claimed its operation had an approved environmen­t impact assessment and environmen­tal management plan, done in 1997 and since amended numerous times to incorporat­e a range of expansion projects.

“Undergroun­d mining from the proposed number 18 shaft will take place in an area where the Impala and RB Plats and the Royal Bafokeng Nation currently hold prospectin­g rights. However, a section 102 applicatio­n, together with the required section 11 transfers of rights applicatio­n, was lodged on June 6 2013 to obtain ministeria­l consent to include the relevant prospectin­g right areas into the Impala converted mining right areas adjacent areas in terms of the Mineral and Petroleum Resources Developmen­t Act,” the submission reads.

John Theron, Impala spokesman, said this related to Impala’s long-term exploratio­n programme. The shafts in question (18 & 19) were potentiall­y required only from 2024, but subject to detailed feasibilit­y studies, he said.

“At this stage, we are not even sure whether these shafts are feasible and which should be considered first.

“We are aware of the many community challenges, and continue to engage with the broader community structures and, more importantl­y, individual property owners where we are planning exploratio­n drilling.”

Royal Bafokeng did not respond to requests for comment.

Newspapers in English

Newspapers from South Africa