Press statement: Urgent bid to halt mining in Wilgerspruit and restore community’s land ownership

Lawyers for Human Rights has launched an urgent high court application to have Pilanesberg Platinum Mines immediately halt all mining activities in Wilgerspruit in the North West and restore possession of the farm.

The urgent matter will be heard in the North West High Court on 3 September 2015. The Lesethleng Village Community, represented by LHR, are seeking full possession, occupation and use of the Wilgerspruit farm. This extends to having the mine cease all its operations, to remove all fencing, stop restricting access and to cease from threatening, harassing or intimidating community members.

The community has owned and farmed on Wilgerspruit 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 has sunk several boreholes and built small dams and piped water.

The Pilanesberg Mine has sought to constructively evict the community by continuing its mining activities on the land without agreement from the community. This has 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 farm – effectively making any farming activity impossible and threatening the lives of animals on the land through starvation.

“The farm is a major source of income and livelihood for the community and these efforts to restrict their movement and ownership of the land flies in the face of South Africa’s constitutional obligations. It cannot be that a community’s rightful and legal ownership can be so blatantly ignored,” said Louise du Plessis, head of LHR’s Land and Housing Programme.

Background:
The Lesethleng Village bought Wilgerspruit in 1919 when, under discriminatory policies, they were not allowed to own land. As a result, the farm was registered in the state’s name who held it in trust for the Bakgatla-ba-Kgafela tribe.

In 2008 the community was informed that the tribal authority had acquired mining rights to Wilgerspruit. 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 Wilgerspruit had been withdrawn and to vacate in terms of the Extension of Security of Tenure Act.