Press statement: Community organisation appeals against Platreef Resources’ mining right

Lawyers for Human Rights, on behalf of the Mokopane Interested and Affected Communities Committee (MIACC), has lodged an appeal against the Department of Mineral Resources’s decision to grant a mining right to Platreef Resources for their proposed platinum mine in Mokopane, Limpopo.

It will arguably be once of the world’s largest platinum mines that could extract for up to 100 years.

MIACC is a voluntary organisation consisting of members of the villages which will be directly affected by Platreef’s proposed mining project and have already been negatively affected by Platreef’s prospecting activities in the area.

Section 23(1)(d) of the Minerals and Petroleum Resources Development Act states that, subject to subsection (4), the Minister must grant a mining right if the mining will not result in unacceptable pollution, ecological degradation or damage to the environment. MIACC has submitted in its appeal that the decision to grant the mining right is in contravention of this requirement, raising concerns around possible air and water pollution, including risks of acid mine drainage. MIACC further argued the approved rehabilitation plan, coupled with financial provision of only R39-million, is wholly insufficient for adequate rehabilitation. The concern is that the public may ultimately have to foot the bill for potential environmental harm.

MIACC, with the assistance of independent experts from the University of the Witwatersrand, further submitted that the Heritage Impact Assessment failed to adequately assess and describe the impact of the proposed mining operations on the heritage resources and archaeological sites.  MIACC submitted that the assessment engaged historic landscape, heritage resources and archaeological sites in a superficial manner. The result is a failure to adequately recognise the existence of middle and late stone age artefacts and remains within the area.

During the public participation process on the mining right application, MIACC argued that Platreef had failed to appreciate and fulfill the requirement to consult and engage relevant lawful occupiers and interested and affected parties. Significantly, Platreef failed or refused to provide all relevant documentation in respect of its mining right application. This limited the ability to comment on Platreef’s application for a mining right.

MIACC has argued that the Department overlooked MIACC’s concerns on land ownership and the permanent loss of subsistence land that would lead to a loss of income, livelihood and food security. In addition, MIACC has argued that the broad-based black economic empowerment transaction and the social and labour plan were not finalised when the  Department made the decision to grant the mining right.

Regarding the seriousness of the grounds of appeal and the significant negative effects the Platreef mine would have on the community, MIACC called on the Minister to exercise his power in terms of 79(4)(b) of the MPRDA Regulations and set aside the grant of the mining right.

For a full version of the appeal see: http://www.lhr.org.za/publications/notice-appeal-mokopane 

Issued on behalf of the Mokopane Interested and Affected Communities Committee via Lawyers for Human Rights