Representatives of mining communities have called for mine executives to be sued in their personal capacity for environmental damage done to communal land.

The representatives told the Alternative Mining Indaba in Cape Town yesterday that the government also needed to step up its implementation of Social and Labour Plans (SLPs).

Delegates heard that even though the litigation process was expensive and protracted, it had become an important strategy to improve the livelihoods of mining communities.

Matome Kapa, an attorney at the Centre for Environmental Rights, said mining companies were failing to adhere to environmental legislation and the government had failed to enforce environmental laws.

“We have now begun a strategy for communities to sue mining companies for infringing environmental laws. Laying criminal charges was not an easy process,” Kapa said, adding that a R10 million fine could be levied against the company and its directors.

In a landmark court ruling, the mining director of Blue Platinum Ventures in Tzaneen became the first mining boss to be found guilty of breaking environmental laws in 2014.

Traditional healers in Madimatle mountain, near Thabazimbi, have been up in arms over a decision by Aquila Steel to drill 200 holes, construct 33km of road and clear vegetation on the mountain without governmental consent.

They approached the Centre for Environmental Rights, Kapa said.

“Charges were laid in May. Laying criminal charges sounds like an easy process. But in order to lay charges, two of our advocates went to Thabazimbi because police don’t have the capacity to deal with environmental laws. There are a limited number of advocates in the National Prosecuting Authority that deal with environmental issues,” Kapa said.

“Laying of criminal charges could be one of the ways to make companies liable. If more criminal charges (were laid) people will demand for state advocates to focus on environmental rights. This will build capacity for the government.”

Implementation of the SLPs still remained a weakness, the delegates heard.

SLP failure

The SLPs, meant to address the legacy of apartheid, were not catering for communities, said Louis Snyman, an attorney and member of the Wits University’s Centre for Applied Legal Studies.

He blamed mining houses for failures in the implementation of the law, citing a draft study of 50 SLPs completed by the university last year.

“After the Marikana massacre we found SLPs are not being fulfilled. Normal people cannot access information. It is cumbersome, and expensive for communities to do so.”

Anglo Platinum chief executive Chris Griffith said it had consulted extensively but could not find a single voice that represented communities.

“Every day we consult with communities but there are splinter groups that flare up like firecrackers. We cannot engage with different people every day,” Griffith said.

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7th Alternative Mining Indaba

Background

The Alternative Mining Indaba (AMI) is a space that was created in 2010 especially for communities affected by extractive industries and ordinary citizens to articulate the challenges posed in their day to day lives by the sector in terms of human rights and socio-economic growth. The main objective was to provide an international platform for affected communities and broader civil society organizations (including National Christian Councils and inter faith groups) to share experiences, mobilize, as well as motivate mining communities to strengthen their work on advocacy and the development of strategic tools which empower them. Every year, the AMI is convened at the same time as global mining corporates and governments meet to design strategies of expanding investments and consolidate profits from the sector at the Africa Mining Indaba also held in Cape Town.

This year the 7th AMI will be hosted in Cape Town from the 8th to the 10th of February at the Double Tree by Hilton Hotel under a theme: “Making Natural Resources Work for the People – Leaving No One Behind” that speaks well to the Sustainable Development Goals adopted in September 2015.

The main goal is to provide a platform were community members, faith based organizations and civil society can effectively advocate, engage and dialogue for enhanced transparency and accountability in the governance of natural resources and lead to a Southern African Development Community (SADC), and Africa that extracts minerals sustainably and distributes natural resources revenues equitably to its citizens.