Adv Gerrie Nel on site visits to Mokopane

LIMPOPO – The purpose of Nel’s visit, who is the Head of AfriForum’s civil investigation unit, was to visit a site where it is alleged there are skeletal remains that have been exposed for more than two years and to determine if a nearby mine was illegally dumping waste material after the construction of a second shaft.

Nel wanted to obtain the mandates from members of the Kekana Royal Family and members of the Ndebele Vaaltyn Tribe, represented by Kopano Formation Committee.

Nel and various designated people from the AfriForum office, and the activist Aubrey Langa, visited the site where skeletal remains were exhumed near the water treatment plant of the Mogalakwena Local Municipality.

Langa explained that since the exposure of the skeletal remains, it was reported to the SAPS and the South African Heritage Resources Agency (SAHRA) in February 2017.

“These two entities have not yet rescued the skeletal remains. This despite a meeting which he held in May with SAHRA.”

Langa, Margret Molomo and SAHRA, undertook to urgently address the skeletal remains exposure.

Nel said SAHRA must investigate and keep all open graves safe.

“Not only SAHRA, but the Department of Mineral Resources (DMR) and Land Affairs should look out for the community. To them, it is about big bullies who will mine mineral resources on the community’s land and make a profit.

“I can understand it’s an income and a business. But they can still support the community and not forsake them.

“We are asking for an investigation to be done in terms of the origins of these remains. There is legislation around the discovery of human remains and it has to be followed.”

Back at the Royal Kraal, the more than 500 members of the tribe gave the Kopano Formation Committee and Nel a resounding mandate to engage in negotiations with the mine on their behalf.

Nel said this mandate is to bring an urgent interdict and mandatory application against Ivanplats, for continuing with activities relating to the construction of Shaft 2 and conclusion of a surface lease agreement despite that an appeal Kopano submitted to the Department of Environmental Affairs to suspends such activities.

“We also need to wage a media exposure campaign against Ivanplats until they demonstrate that they are committed to engaging in good faith regarding its proposal to want to settle amicably the long-standing dispute with the tribe. The tribe is particularly vexed by the fact that Ivanplats is intent on continuing with the conclusion of a surface lease agreement despite that the majority of the tribe has not yet approved that Ivanplats can use its agricultural land for commercial mining purposes.”

Nel mentioned five initial points of negotiation, including that the mine must accommodate a tribal ring-fence and transfer a 10% free carried interest shareholding in the 26% Historical Disadvantaged South Africa (HDSA) Broad-Based Black Economic Empowerment (BBBEE) shareholding transaction.

“Ivanplats has to provide a written document stating that the yearly R11 million which Ivanplats committed to deposit in a tribal trust account is a donation that is never going to be paid back by the tribe.”

Members of the tribe Nel rose to an applause when he stated that Ivanplats must totally be hands-off regarding the 26% HDSA BBBEE.

Nel concluded: “I am glad that the dispute in the royal house was settled. This strengthens our hand and helps to make our involvement in the fight against Ivanplats easier. We rely on the community’s support to take this matter further. ”

Jeremy Michaels, Spokesperson of Ivanhoe said the waste rock stockpile has been approved by the relevant environmental authorities and so the allegations by Aubrey Langa are simply unfounded.

“Mr Langa is making unfounded allegations as part of his campaign against a new mine which will create thousands of new jobs and, in the process, help many residents of Mokopane to put bread on their tables and provide for their families. Ivanplats rejects Mr Langa’s allegations and his ill-founded campaign but of course, he is welcome to approach the authorities instead of making sensational claims which have no basis whatsoever.”

Michaels also said Nel was misleading the villagers.

“They have already received 10% worth of shares for free and the R11 million annual payment is indeed a gift that doesn’t have to be repaid. The mine has been compensating affected families for several years and is in the process to developing a livelihood programme to continue to support the families,” Michaels said.

The Director of SAHRA, Nkosazana Queenie Mngazi Machete, was in meetings at the time Bosveld asked for comment.

The Cluster Coordinator of Mahwelereng SAPS, WO Madimetja Chokoe, was not in the office and will report back to Bosveld on the cases.

redaksie.bosvelder@nmgroup.co.za