Franny Rabkin

SIX weeks after titanium mining was to have started at Xolobeni in Eastern Cape, the AmaDiba community, fiercely opposed to the mine, is still uncertain about its future.

The right to mine was granted to Transworld Energy & Mineral Resources (TEM) in July.

But after an internal appeal was launched by the AmaDiba Crisis Committee (ACC), Minerals and Energy Minister Buyelwa Sonjica undertook to consult the community, King Mpondombindi Sigcau, Queen MaSobhuza Sigcau and Chief Ndabazak he Baleni. Sonjica undertook that mining would not commence until this had happened.

But the promised consultative process has not happened, nor has a date been set for the hearing of the appeal. This despite seven letters and numerous telephone calls to the department, said Sarah Sephton of the Legal Resources Centre, which represents the ACC.

On top of this, rumours have been flying that mining has started or is about to start.

Sephton said the only response she got from the minerals and energy department was from the deputy director of mineral affairs, Jacinto Rocha, who “refused to confirm or deny the allegation that the mining right had been executed”.

Letters from King Sigcau’s attorney, Votani Majola, to the minister and the department had also not received a response.

Ministerial spokesman Sputnik Ratau said the appeal was a legal process. “It is not something which lands on the minister’s desk now, and then tomorrow there’s an answer.”

Ratau said he did not know when the consultation would happen but that Sonjica was taking advice and the appeal had not been “chucked into the dustbin”. In line with the minister’s undertaking, mining could not start until the appeal had been finalised.

But Sephton said in terms of the regulations, once an appeal has been submitted, the person who made the decision to grant the mining licence had to give reasons for the decision to the minister within 21 days. Similarly, TEM had 21 days to make submissions to the minister. The submissions must then be sent to the ACC within 21 days of receipt by the minister. She said the appeal was submitted on September 2 but the ACC had not yet heard from Sonjica.

Sephton added that an environmental management plan, required by law before mining can commence, had, as far as she was aware, been submitted but was not yet approved.

Posted on November 26th, 2008
Filed under: Newspaper and Media