Battle looms over mining on disputed land
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.