Thursday, 1 November 2007
Protesters Accuse Government of Protecting Mining
Interest
At 10:00 hrs today, community representatives from Maandagshoek,
Limpopo Province, will be marching from SABC Park on the corner
of Hospital and Landros Street and proceed to the regional
offices of the Department of Minerals and Energy (DME), 101
Dorp Street in Limpopo, Polokwane, South Africa.
The Maandagshoek Community will present a community petition
[1] to the Regional Manager for the DME.
The Maandagshoek community have over the last year being
beaten and shot at by police, imprisoned for extended periods
of time [2] and falsely charged, ignored by government when
they have requested DME to assist them in understanding their
rights to their land, and most recently being assaulted by
paramilitary forces that have moved onto their land to protect
the mining interest of Genorah, BEE mining company of Sharif
Pandor and Maredi Mphahlele [3].
Emmanuel Makgoga, spokesperson for the Maandagshoek Community
has been in consistent communication with the DME, but in
vain. "We have asked government to speak to and understand
our community people, protect us from corporate power, to
deliver on our constitutional rights that protect us, but
a democratic government is failing us. Thus we are organising
and resisting against the aggression and violence of mining
companies and the state."
Legal representative of the Maandagshoek Community, Richard
Spoor calls on the Department of Land Affairs to "enforce
the provisions of section 2 of the Interim Protection of Informal
Land Rights Act [4], and that the community must not be deprived
of their land rights and that mining companies must not break
the law by prospecting on residential land."
END
For more information:
- Emmanuel Makgoga, Maandagshoek Community
Spokesperson
082 343 5095
- Richard Spoor, Legal Representative
083 627 1722
Footnotes:
[1]
Petition to the Regional Manager Department of Minerals
and Energy Limpopo Polokwane and to The Regional
Director Department of Land Affairs Limpopo Polokwane from
Maandagshoek Community
We the, members of the Maandagshoek Community are both blessed
and cursed by the presence of the valuable minerals, in our
ancestral land.
During the apartheid era our resources were ruthlessly exploited
by the mining companies and our land rights mine were continuously
violated.
After a 1994 we had hoped that this would end and that we
would share in the benefits of mining on our land.
This has proved to be only a dream as this community continues
to bear the huge social economic and environmental costs of
mining but does not share in the benefits.
Farming land that was used by our community at Hendriksplaats
and Onverwacht was taken without compensation.
Our boreholes have been depleted by mining activities our
rivers have been polluted.
Our houses are cracked by blasting activities and we are
plagued by dust and noise and traffic.
Our community is wracked by conflict, crime and alcohol
abuse, all of these consequences brought about by the impact
of mining.
The mines corrupt our leaders and sow division amongst us
in order to weaken the community.
The promises that they made when they first came here have
come to nothing.
Our culture and traditional leadership is disrespected and
our land rights are continuously violated by the mines.
The authorities are deaf to our appeals for help and when
we stand up to protest we are shot and beaten and arrested.
When we ask for information from the DME so that we can
know our rights and enforce them through the legal process
this information is refused.
The DME and the Minister do not consult with communities
before they award prospecting and mining rights.
The DME and the Minister and the DLA do not ensure that
proper and fair agreements are in place with the community
before they allow mining on community land.
The DME and DLA seem unconcerned that the mines create corrupt,
undemocratic and unaccountable structures to work
with and do nothing to ensure democracy and accountability.
The DME allows prospecting in residential areas and mining
so close to residential areas that it causes damage; this
is prohibited in terms of section 104 of the MPRDA and the
Mine health and Safety Act.
The DME shows little respect for the law and is unconcerned
about violations of the law by mining companies yet it expects
communities to respect the law.
Government and the mines are too close; the mines employ
politicians and public servants who are rewarded for ignoring
the rights and interests of the community. Our own Premier
begged R 20 million from Anglo Platinum to pay for the venue
of the December 2007 ANC National Conference at the University
of the North.
When we complain about water and cracked houses and the
loss of our farming lands and the violation of our land rights
our complaints were ignored.
When we ask that the law of the land and constitutional
rights are enforced and protected, the DME and the Department
of Land Affairs refuses to do so.
The local municipality has done nothing to improve water
supply roads and housing despite many promises made.
If the mines and the authorities continue to treat the communities
in this way then the road ahead is a dark one that will be
characterised by deepening poverty, hardship and conflict.
Now therefore we demand the following ;
Modikwa Platinum Mine
1. Anglo Platinum and ARM must be ordered to enter into
discussions with the democratically elected representatives
of the community in order that we may discuss and resolve
our grievances and concerns.
2. Anglo platinum and ARM must be ordered to stay off community
land until such time as an agreement is concluded with a democratic
and accountable community structure that regulates the terms
on which they will operate on community land.
3. In this regard the DME must enforce the provisions of
section 54 of the MPRDA.
4. The DLA must enforce the provisions of Section 2 of the
Interim Protection of Informal Land Rights Act and insist
that the community may not be deprived of their land rights
except with their agreement and in respect of communal land
after a properly taken community resolution authorising the
same.
5. DME must insist that Modikwa repair houses cracked by
blasting.
6. An adequate supply of clean drinking water must be made
available to the community.
7. Our road system must be improved and upgraded.
8. The section 21 companies that ARM established must be
reconstituted so that they become independent, democratic
and accountable to the community.
9. The police must protect the people of Maandagshoek their
rights and must not become an instrument whereby the mine
inflicts violence on the community.
Genorah and Nkwe Platinum
1. Genorah must be ordered to withdraw its paramilitary
forces from Ga Mpuru and stop the reign of terror that it
is inflicting on that community.
2. The perpetrators of violence must be arrested and charged.
3. DME must disclose the terms of the prospecting permit
awarded to Genorah, as well as the report by Genorah on its
so-called "consultation" with the community and
the Environmental Management Plan, this information is required
so that the community can exercise its rights.
4. Genorah be ordered to enter into discussions with the
democratically elected representatives of the community in
order that we may discuss and resolve our grievances and concerns.
5. Genorah must be ordered to stay off community land until
such time as an agreement is concluded with a democratic and
accountable community structure, not with a handful of corrupt
business people, that regulates the terms on which they will
operate on community land.
6. In this regard the DME must enforce the provisions of
section 54 of the MPRDA.
7. The DLA must enforce the provisions of section 2 of the
Interim Protection of Informal Land Rights Act and insist
that the community may not be deprived of their land rights
except with their agreement and in respect of communal land
after a properly taken community resolution authorising the
same.
8. Genorah must be ordered to stop prospecting in residential
areas.
The Maandagshoek Community expect the DME and the DLA to respond
to this petition within seven days failing which the community
will intensify its campaign of resistance against the exploitative
and oppressive and racist mining companies
operating on our land.
The DME and DLA should know that they are held jointly responsible
with the mines for the suffering and hardship of our people.
Signed and dated this 1st day of November 2007 at
Maandagshoek by the people of Maandagshoek.
[2] For more information see
http://www.groundwork.org.za/Press%20Releases/28May07.asp
[3]
JUBILEE SOUTH AFRICA
NATIONAL OFFICE
PRESS STATEMENT
14 OCTOBER 2007
PARAMILITARY FORCE EMPLOYED BY GENORAH (BEE
MINING COMPANY OF SHARIF PANDOR AND MAREDI MPHAHLELE) ATTACKS
COMMUNITY IN Ga-Mpuru, Limpopo Province
Jubilee South Africa is outraged to learn of a paramilitary
force of ex-combatants from the DRC who have been hired by
Genorah to harass and beat community members. The community
has never given its consent for prospecting or mining to take
place, and has therefore continued to protect its land rights
as informal landrights holders.
Genorah has made a secret agreement with Chief Mpuru and the
Chief's advisors, WITHOUT THE CONSENT OF THE COMMUNITY THE
CHIEF IS SUPPOSED TO REPRESENT. It has been alleged that the
Chief is receiving money from Genorah.
There are approximately 30 ex-army combatants, dressed in
camouflage and heavily armed, who are staying in a camp set
up in the village. THE FOLLOWING HUMAN RIGHTS VIOLATIONS HAVE
OCCURRED:
1. Community members have been shot with live and rubber bullets;
2. Police from Mecklenburg Police Station were instructed
by Commissioner Chuene not to respond to requests from
the community to protect them from the paramilitary force;
3. Police from Polokwane did respond after being called
by community leaders, and the paramilitary soldiers kicked
and threatened the SA Police;
4. Young schoolgirls have been sexually harassed on their
way to and from school;
5. Community members were taken to the tribal authority
office, stripped naked and beaten; Mr. Mphahlele of Genorah
(and Nkwe Platinum) was present at this incident;
6. A community member was found this morning after being
assaulted by the Genorah forces - he was repeatedly stabbed
and beaten and unable to speak while in hospital this morning.
It is difficult for us to understand how Sharif Pandor (Minister
of Education Naledi Pandor's husband) as the Chairman of Genorah
can be responsible for hiring such a paramilitary security
force to harass, violate, beat, and intimidate the community.
Such actions should be denounced unequivically and this force
should be withdrawn from the community at once.
The community and its attorneys have requested independent
mediation to resolve the situation peacefully. The request
is for mediators who are independent from government, the
company (and its allies), and the community.
The community's land that Genorah wants access to is estimated
to have between 100-200 million ounces of platinum, and Genorah
recently inked a deal worth billions of rand with Nkwe Platinum
for Nkwe to gain the mineral rights for the community's land.
IN THE MEANTIME COMMUNITY MEMBERS CONTINUE TO BE BEATEN, HARASSED,
AND VIOLATED FOR PROTECTING THEIR LAND AND THEIR LIVES.
For more information, please contact Vusi Mabigla 072 645
2394,
Emmanuel Makgoga 082 343 5095, or Anne Mayher
(Jubilee SA) 082 398 6882.
Section 2 reads:
(2) (a) This Act shall not confer on the holder of a real
right to land, any rights in addition to those which he or
she holds in that land.
(b) The holder of an informal right in land shall be deemed
to be an owner of land for the purposes of section 42 of the
Minerals Act, 1991 (Act No. 50 of 1991).
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