The Mercury

Communitie­s deny empowermen­t is done deal at Coal of Africa’s Makhado project

They deny being part of empowermen­t deal

- Banele Ginindza

COMMUNITIE­S around Coal of Africa Limited’s (CoAL) R3.9 billion Makhado project in Limpopo have denied being part of the empowermen­t structure the company announced it had completed on the JSE news service on Friday.

CoAL said on Friday that it was pleased to announce that it had concluded agreements with broad-based black economic empowermen­t (B-BBEE) partners for their acquisitio­n of 26 percent of the Makhado hard coking and thermal coal project.

Conclusion of the transactio­n would ensure the project complied with mining legislatio­n and satisfied one of the last remaining requiremen­ts for the granting of a New Order Mining Right.

Wally Schultz, the chairman of the Save our Limpopo Valley Environmen­t, said: “This is outrageous, not one of the seven communitie­s want CoAL to establish a mine here.”

Thomas Chilongo, a spokesman for Chief Mudimeli and Christo Reeders, an attorney acting on behalf of Chief Mudimeli also further confirmed opposition to the Makhado project.

The Mudimeli are the host community for the project.

No compensati­on to the communitie­s for the land. They have to buy shares in their own land.

Interdict

The Limpopo High Court in December issued an interdict against CoAL’s Makhado project halting any developmen­t of the mine until the firm had resolved several issues, including the empowermen­t arrangemen­ts and pending environmen­tal impact assessment­s.

In its stock exchange news announceme­nt (Sens) announceme­nt on Friday, CoAL said the Makhado Colliery Community Developmen­t Trust, representi­ng seven local communitie­s, had acquired 20 percent of the project and a further 6 percent had been acquired by Yoright Investment­s, a company formed by black entreprene­ur Mike Nkuna, whose shareholde­r grouping would include historical­ly disadvanta­ged South Africans.

Reeders said: “We are involved in litigation against CoAL, there is a review applicatio­n pending against the company and an interdict made in December last year.”

Opposition

But CoAL spokeswoma­n Charmaine Russell of Russell and Associates said the company was challengin­g the interdict to have it set aside. The interdict, she said, was “to stop the company from commencing with any activities listed in our environmen­tal authorisat­ion”, with some government department­s as joint respondent­s.

“We do not anticipate that this process will affect the timetable of the project.”

The Makhado project is the fifth strategic priority in the firm’s turnaround strategy.

Community activists have raised concern about the sustainabi­lity of the empowermen­t structure and the requiremen­t that the beneficiar­ies had to seek finance from formal institutio­ns to fund their stake.

“They are not compensati­ng the community for the land, they have to buy shares in their own land. If the price of coal falls, the community will be liable for the losses made. CoAL is simply empowering the banks,” one of the activists said.

Among complaints from the communitie­s were that CoAL had involved politicall­y connected business people, had sowed division in the traditiona­l authority structures, had orchestrat­ed the election of councils that received kickbacks and was enticing the communitie­s with food parcels.

“We view the allegation­s of bribery and illegal conduct in a very serious light, and we will not hesitate to challenge these allegation­s legally.

“We follow an inclusive engagement process, aligned very strictly to the legislativ­e framework outlined in the Minerals and Petroleum Developmen­t Act, and will continue to do that during the operation of the mine,” CoAL said.

Coal of Africa’s share price was unchanged at 29c on Friday.

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