Mantashe appeals Xolobeni ruling
The court ruled that the department must get full approval from the Xolobeni community before granting any exploration licenses in the area.
Mineral resources minister Gwede Mantashe told mining executives at the 2019 Mining Indaba in Cape Town earlier this week that his department would appeal the Xolobeni mining court ruling.
The court ruled that the department must get full approval from the Xolobeni community before granting any exploration licenses in the area.
ALSO READ : Mantashe’s Xolobeni visit turns violent
Mr Mantashe said the ruling ran the risk of transferring authority over licensing in the mining sector from the state to communities.
To give communities the right to decide whether mining may take place on their land would create chaos, he said.
“It must be emphasised that the licensing function should remain with the state, as required by legislation, and not be assigned to communities.”
He added government was in the process of developing community resettlement guidelines which provided for engagement with and compensation to communities for loss or damage as a result of mining development.
“These guidelines are intended to safeguard the rights and interests of communities where resettlement takes place and will be finalised in this financial year, in consultation with communities and interested and affected parties.”
Mr Mantashe said however that there must be ‘meaningful and sufficient engagement’ with communities in the granting and issuing of prospecting rights, mining rights and permits to determine rights, obligation impacts and benefits for communities.
“Mining development must be able to harmoniously co-exist with communities and related developmental activities. This can be achieved only if all stakeholders are willing to engage meaningfully to find win-win solutions to challenges presented by mining and development.”
He went on to say that he supported engagement and condemned violence to suppress differing views.
“Xolobeni is a good example. For me it is important that we engage with communities. What we should not allow is anarchy because instead of engagement, this becomes the order of the day. Everyone should be free to express their views.”
HAVE YOUR SAY
Like our Facebook page, follow us on Twitter and Instagram
