Defend your rights and protect your health

As reported by the News before, residents in some parts of the West Rand live near mines that are associated with health and other risks.

Some residents have shown the News the cracks in their walls and complained about their poor health, which they attribute to living so close to the mine.

The News asked Mariette Liefferink, CEO of the Federation for a Sustainable Environment (FSE) how residents and new homeowners alike could protect themselves and fight for their environmental rights.

FSE is a non-profit organisation of which the main objective is promoting the ecological sustainability of development and the wise use of natural resources in South Africa. It protects and promotes environmental health and functional ecosystems, and takes action in situations that may have a negative social, economic or environmental impact.

For Mariette, being an eco warrior is more than just a job – its a passion.

She said she is driven by environmental justice and equity.

“It is immoral, unpalatable and inequitable that poor communities who have not caused the pollution and who have not benefited from the polluting activities, have to bear the costs and impact of pollution caused by a mining company,” she told the News.

Basil Fortuin and his family are suffering such an injustice because the walls of their home near a mine have cracked and they themselves have health issues such as sinusitis.

The couple from Mindalore showed the News the damage to their home they blame on blasting operations by mining company Mintails South Africa.

How do they fight for their rights?

Liefferink advised residents who are in the same predicament as the Fortuins to lay criminal charges against the mining companies and their directors, shareholders and any person who causes pollution.

If you know of any environmental incidents or threats you can report it to the provincial legislature .

There are many other offices such as the South African Human Rights Commission, The Portfolio Committee, the Director Generals of the relevant organs of the state or the office of the Public Protector that may be able to assist you to take on company giants if you believe your environmental rights are being trampled on.

“In the public interest or to protect the environment, homeowners also could institute and conduct a prosecution in terms of the provisions of the Criminal Procedure Act 1977,” she said.

But what if you are a new homeowner?

If you have not bought a home yet, or you are re-entering the market by selling and buying again, there are steps you can take to protect yourself and your loved ones from the destruction that comes with irregular mining operations. Liefferink recommended that new homeowners first familiarise themselves with the current and previous impact of mining activities in their preferred area.

“The FSE is in a position to supply a potential purchaser with copies of peer-reviewed academic reports and governmental reports of impact assessments,” she advised homeowners.

The FSE has taken legal action against Mintails. Liefferink said although Mintails has engaged with them regarding the issues they had brought forward, they have not cooperated and deny the allegations by the FSE.

“We have laid criminal charges against the directors of Mintails, requested an investigation by the Human Rights Commission and submitted complaints to local and provincial organs of the state,” she elaborated.

Although she continues to fight environmental injustices through her work with the FSE, the activist said she is not anti-mining at all.

“The FSE and I are sensible to the fact that mining contributes significantly to South Africa’s gross domestic product (GDP) and infrastructure development, job creation and growth. However, mining, by its very definition is not sustainable since it depletes a nonrenewable source,” she said.

Read more:

Mintails operations suspended

Controversial methods still used to tackle mining legacy

Ongoing mining-related protests concerning