Press statement: Settlement reached between Pilanesberg mine and Wilgespruit community

Lawyers for Human Rights and Pilanesberg Platinum Mine have reached a settlement that it will immediately halt its activities on a portion of land on Wilgespruit in the North West and restore undisturbed possession of the farm while a dispute over ownership of the land is resolved.

The settlement also entails that fencing on the perimeter will remain intact but gates will be opened to allow freedom of movement while security personnel remain to protect the mine’s equipment, also all fencing within the boundaries of the portion of land will be removed.

Although not part of the settlement, the mine has also given an undertaking to continue providing food for livestock and delivering water to the community.

The community has owned and farmed on Wilgespruit for over a hundred years and has established small overnight houses on the land as well as kraals for livestock while building other farming structures to sustain themselves. Over time, the community sank boreholes and piped water.

Were it not for discriminatory laws during apartheid, the community would already be listed on the title deed. However, because black people could not register land under their own names during apartheid, the deed was put under the name of the Bakgatla-ba-Kgafela tribe despite the land being paid for by the community themselves.

“Too often, poor and vulnerable communities are bulldozed by mines that completely disregard their land rights. The people of the Lesethleng Village paid for their land and are the rightful, lawful owners and should be consulted with as such. The crux of this case is that nobody can be dispossessed of their land without a court order,” said Louise du Plessis, head of LHR’s Land and Housing Programme.

The mine had sought to constructively evict the community by continuing its mining activities on the land without agreement from the community. This had been done through dispossessing them of their land by restricting access to water and de-bushing at least 41% of the surface area of the land – effectively making any farming activity impossible and threatening the lives of animals on the land with starvation.

Background:

In 2008 the community was informed that the tribal authority had acquired mining rights to Wilgespruit. The community was consulted as mere surface occupiers instead of the rightful owners. Regardless of being denied permission by the community, activities continued. The mine began fencing off parts of the farm and began de-bushing (the removal of vegetation in preparation for mining). As a result of these activities, their water piping system was destroyed, rendering the community without access to water for themselves and their livestock. Security guards were also posted to restrict access.

LHR issued a letter of demand on 28 October 2014 that the mine cease its activities which was agreed to for a short while. However, on 22 March 2015, the mine resumed its activities by fencing off more areas, extensive de-bushing and demolishing houses and other structures.
On 5 August 2015, the community was told that their consent to live on Wilgespruit had been withdrawn and to vacate in terms of the Extension of Security of Tenure Act.