SUBMISSIONS by three government departments were handed over at a Human Rights Commission hearing yesterday as part of the commission’s probe into charges that the community is not being consulted about the Xolobeni mining project in Pondoland.

HRC spokesman Vincent Moaga said the three ministers subpoenaed to appear at the hearing – of land, minerals and energy and environment and tourism – “could not attend”. However, officials from each department did arrive at the hearing, which was held at the commission’s Johannesburg headquarters.

The land affairs representative explained that they “could not hold a full-scale consultation as they were brought into the process a little late and divisions in the community had frustrated their efforts to consult on the matter”, Moaga said.

The minerals and energy department made a submission and emphasised that no decision had been made yet on whether to award the license to mine at Xolobeni. The environmental affairs and tourism department likewise made a submission, Moaga said.

“We will now consider all this new information as part of our wider assessment of the allegations lodged last year. Our concern is to find out whether there has been a fair administrative process specifically around public consultation. Xolobeni is on their land, so they have to give permission for the mine if they want it.”

Moaga said no deadline had been stipulated as to when the commission would finish its deliberations. Asked if this was not a concern considering that the process involving the environmental assessment of the project and a decision by minerals and energy is still in progress, he said that whatever steps were taken on this level, “they have to bear in mind our engagement with them”.

The HRC began their probe in August last year after complaints were lodged by the Amadiba Crisis Committee on behalf of five communities in the Xolobeni area.

The committee alleged that the developer was not complying with the Minerals and Petroleum Resources’ Act specifically in terms of consulting local stakeholders.

The proposed mining site is in the heart of Pondoland, covering 22km between the Mtentu River to the Mzamba River, on the north-eastern tip of the Wild Coast.

Transworld Energy and Mineral Resources (TEM), a subsidiary of Australian mining company Mineral Commodities, has applied for a licence to mine the site for titanium feedstock including rutile, ilmenite and leucoxene, as well as zircon.

Amadiba Crisis Committee spokesman Nonhla Mbuthuma said yesterday that the situation in the Xolobeni area was “highly tense” and they were disappointed that the ministers did not arrive at the HRC hearing.

She welcomed the decision of the hearing chairman that the hearing could be re-convened, however, and called for the next one to be held in the Amadiba Tribal Administrative Area “so the ministers can experience the area first hand and meet the five affected coastal communities face to face”.

The minister of provincial and local government and his officials responsible for the implementation of the new Local Economic Development Sustainable Community Investment Programme should also be subpoenaed, she said.

“Political leadership is required.”

Posted on May 6th, 2008
Filed under: Newspaper and Media