Sand mine in Bospoort, Bela-Bela, declared illegal in court
The sand mine in the Bospoort area of Bela-Bela has to officially stop all forms of mining activity with immediate effect after the High Court in Polokwane passed judgment that the mine was in fact operating illegally.
Die Pos received an official copy of the court outcome on Monday 3 April.
The mine came to the attention of the Bela-Bela municipality in August 2022 after countless complaints from residents claiming that heavy trucks were causing damage to the gravel road, were reported.
It was established by municipal officials that the owner of the property was mining sand, which is used for building purposes, without a permit.
A public participation process was published in Die Pos the same month, where the mining company, Build Now Sands and Depot, asked the public for comment on their activity.
This evolved after the Department of Mineral Resources granted their application to apply for a mining permit.
The municipality did however take the matter up with the High Court and the plaintiff, Robert Stuurman, lost the case with costs.
According to the final court order, Stuurman and any other person are prohibited from undertaking any further mining activity on the premises.
They are further prohibited from storing, keeping, erecting structures, or managing any equipment on or outside of the property to continue any mining activity at the said premises.
The court forced the plaintiff to level any structures used during the illegal activity.
“We will continue to monitor the property and make sure they do not step out of line. We hope that this case will serve as an example that any person who has thoughts on illegal mining activities will reconsider. We will not tolerate this,” said Peter Moloto, municipal spokesperson.
Moloto said the municipality is also aware of complaints regarding local residents who are mining on a smaller scale in the area and then transporting the illegally obtained sand on donkey carts.
He said people that mine sand close to essential infrastructure, such as railways or close to municipal property or private property, will cause structural defects that will lead to other catastrophic events and unnecessary costs to repair again.
“It does not matter if the activities take place on private land. With no permit to mine, it remains illegal. The municipality has the right to confiscate the person’s property after a court grants an interdict, should they continue to mine illegally.”
In the event that residents are aware of such illegal activities, they must report this immediately to either the municipality or the police.
“If you suspect someone of committing a crime you are entitled to report it. We ask that residents provide us with photos or video material that will help our case in court,” said Moloto.
