Xolobeni mining battle in court
Despite many alleged threats, the ACC continued to fight the matter.
With mining laws clearly stating that companies are required to have consent from communities before mining rights are issued, the Amadiba Crisis Committee (ACC) is determined to ensure the Department of Mineral Resources (DMR) doesn’t succeed in its attempts to grant mining rights in Xolobeni.
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On Monday, ACC argued before the Gauteng High Court that DMR could not issue mining rights without consent from affected communities in terms of existing legislation.
The three-day court case, which ran from Monday to Wednesday this week, came as a result of ACC’s application to stop DMR from giving the Australian mining giants a licence to mine titanium in the area.
For many years, the Herald has reported on ACC’s outcry over the proposed mine. ACC rejected the mining because they believed the Xolobeni community was better off sustaining themselves through tourism, agriculture and fishing and that the mining proposal could result in “disastrous, economic, social and ecological consequences”.
Several activists had allegedly faced severe intimidation on numerous occasions over their stance in resisting the mine going ahead.
The situation became tense when anti-mining activist and taxi-boss Sikhosiphi ‘Bazooka’ Radebe was shot dead at his home. This was followed shortly afterwards by an attack on two journalists from the Herald’s sister paper, The Citizen, who had attended the funeral.
Despite many alleged threats, the ACC continued to fight the matter.
According to reports, during court proceedings, ACC representative, Advocate Tembeka Ngcukaitobi argued that, if the court gave DMR the rights to issue the licence, this would result in negative effects on their land and community.
The National Petroleum Development Act of 2002 and Interim Protection of Informal Rghts Land Act of 1996 clearly state that customary communities have a right to decide whether or not development occurs in their respective areas.
Meanwhile State Advocate Vincent Maleka argued that ACC’s refusal to consent did not affect DMR as they could still use the mineral resources act, which allows them to grant a licence to anyone who meets the criteria.
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Mineral resources minister Gwede Mantashe’s office warned that the case could hinder the country’s efforts to transform the economy.
“The government owns all mineral resources and can issue licences if communities are consulted.”
ACC spokesman Nonhle Mbuthuma told the Herald that the court case had been going well, that they were hoping for good results and would continue to put up a fight as they had done for many years.
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