Victory for the Xolobeni community in mining battle

MINERAL Resources Minister Gwede Mantashe has to receive consent from the Umgungundlovu community of Xolobeni before granting an Australian company a licence to mine the pristine sand dunes in the area, the Pretoria High Court ruled yesterday.

The court ruling brings an end to the 15-year-long battle waged by the Amadiba Crisis Committee against the Department of Mineral Resources (DMR) and the Australian company Transworld Energy and Mineral (TEM) Resources.

The ruling means that it would be unlawful for the Department of Mineral Resources to grant the mining licence before receiving the full prior and informed consent of the community.

Amadiba said in a statement that the judgment was a “120 percent victory”. “This is a vindication of our community’s battle for more than 15 years. We have come a long way,” Amadiba said. Mantashe and Transworld Energy were ordered to pay legal costs in the case.

Amadiba had argued that granting the mining right to TEM meant the community would risk being displaced from their grazing land and their homes.

It also argued that the land had deep spiritual and religious connections with the community.

The DMR said yesterday that it had noted the judgment on the matter handed down in the Gauteng High Court in Pretoria by Judge Basson.

“The department is studying the judgment, and will pronounce itself on the matter in due course,” said the DMR.

The mine had driven a wedge between community members who were in support of the mine and those who opposed it.