HISTORY OF THE PRESENT STRUGGLE
Published by MAC on 2001-05-01Source: Ga Mawela Land Claims Committee
HISTORY OF THE PRESENT STRUGGLE
By Mabutswe Lazarus Mankge, Chair, Ga Mawela Land Claims Committee
This report sets out for the Land Claims Court the current development challenges in the Greater Sekhukhune District, and the opportunity, with its own challenges, provided by the restoration of the farm St George to the community.
The Ga Mawela community has engaged in a difficult struggle since December 1997 to reclaim its ancestral land, which has strained the resources of the community to its limits.
The community lodged a claim on the farm St George in October 1998, which was published by the then Regional Land Claims Commissioner for Limpopo and Mpumalanga provinces in the Government Gazette in May 2000.
The Legal Resources Centre, Johannesburg, undertook to prosecute the claim on behalf of the community and sought to bring a "direct access" application to the Land Claims Court, given that the community had sufficient capacity to do so without assistance from the Commission on Restitution of Land Rights.
In accordance with the processes set out in the Restitution of Land Rights Act, 1994, as amended, the claimants invited all interested and affected parties to participate in negotiations towards settling the land claim.
The former white land owners advised the claimants of their objection to the land claim and obtained legal advice from the Transvaal Agricultural Union against the claim.
In early discussions, Anglo Platinum indicated that it had no objection to the land claim and made a written agreement with the community that it would not oppose the claim, and the community would undertake not to develop settlement on the land in such a way that the mineral rights would be sterilized.
The claimants were taken by surprise when a subsidiary of Anglo Platinum, Rustenburg Platinum Mines, purchased the land from the previous land owners and rejected the agreement reached by Anglo Platinum - and then took up the same legal team appointed by the Transvaal Agricultural Union to oppose the claim.
In June 2004, the Land Claims Court made an order in favour of the Ga Mawela community, and instructed the community to proceed with developing a plan for the sustainable use and development of the farm St George.
The planning process itself posed new challenges for the community, firstly as a result of a dispute between the claimants and the office of the Regional Land Claims Commissioner for Mpumalanga on the scope of work to be undertaken by consultants appointed to develop a plan for the community.
This resulted in an appeal by the claimants to the Land Claims Court for a directive to the Regional Land Claims Commissioner in terms of the Order of Court issued in July 2004, which resulted in the appointment of a second team of consultants to undertake the planning process.
The second team of consultants was appointed under a comprehensive terms of reference, and planning work began to proceed well.
The planning process was delayed by difficulties in obtaining official documentation from the Department of Minerals And Energy, as well as the Department of Water Affairs and Forestry.
The Environmental Management Programme Report for the der Brochen mine was released by the Department of Minerals and Energy after a written appeal to the Minister for assistance, and legal letters of demand for the information.
This information was essential to the evaluation of the potential impact of mining on the farm, and the planning timeframes for such impacts - and confirmed information provided by Anglo Platinum in earlier discussions that it planned to access the minerals on the property from the neighbouring farm Helena through deep shafts with minimal surface impact.
Similarly, the Department of Water Affairs and Forestry, and its subsidiary structures, released information on the current water allocation to the farm St George, after persistent demands by the claimants. This information was vital as water is a critical resource which the community needs to develop fully the agricultural potential of the farm St.George.
In May 2006 the community received a formal Notice to Interested and Affected Parties as follows:
"Anglo Platinum Ltd is undertaking an environmental impact assessment (EIA) as required in terms of the EIA guidelines as well as the required Water Use License application in terms of the National Water Act (Act 36 of 1998) in order to determine the feasibility of constructing a 13.5 million m3 dam (Richmond Dam) within the Klein Dwars River catchment area.
"A project team, under the management of BKS (Pty) Ltd, together with EcoRisk SA (Pty) Ltd is conducting the required EIA in terms of the Environment Conservation Act, Act 73 of 1989.
The first phase of the EIA process is the Scoping Phase. This is the phase where public issues and concerns should be identified so that technical specialists can evaluate these during the next phase (the Impact Assessment Phase) of the EIA.
This Draft Environmental Scoping Report is part of a series of reports and information documents that will be issued during the EIA process. This Draft Environmental Scoping Report (ESR) is available for public comment from 4 May 2006 to 5 June 2006. All issues of concern and comments received during this period will be incorporated into the Final Environmental Scoping Report to be submitted to the regulatory authorities on 12 June 2006 together with the proposed plan of study for the environmental impact report (EIR)."
In further discussions with EcoRisk SA, it was established that Anglo Platinum had commenced with a study into water availability in the area, including the farm St George, soon after its purchase of the farm in 2003.
EcoRisk SA indicated that the proposed dam might flood some of the land comprising the farm St. George. However, according to a letter received from Grant Nelson of the legal Services, Anglo Platinum, this need not be necessarily the case. The community, through its representatives, is making every effort to defend its interests in the EIA process being conducted as part of the development of the proposed dam.
The community believes that it has made a viable case for the sustainable use and development of the farm St George. It believes that the restoration of the land is essential to the process of redress, which includes the reconstruction of cultural identity and human dignity.
The claim on the farm St George is the first successful claim in the Klein Dwars River valley.
The Regional Land Claims Commissioner for Mpumalanga Province has successfully resolved land claims on a number of surrounding farms in the Dwars River (Moletsi) valley, adjacent to Ga Mawela, including Kalkfontein (Masha), Frischewaacht (Masha/ Leshaba), de Grooteboom (Masha), Steelpoortpark (Rantho) , de Kafferskraal (Phetla), and others.
The records of the Regional Land Claims Commissioner for Mpumalanga show that much of land in the two valleys has been claimed back by its historical owners, which illustrates the disputed nature of current land ownership by the various mining companies.
It is hoped that the office of the Regional Land Claims Commissioner for Mpumalanga Province will take forward its investigations of the remaining claims in the Klein Dwars River valley in due course.
This will allow for a fully integrated planning process to be undertaken, which will increase the viability of the overall development initiative by the Ga Mawela community.
According to the Joint Development Forum, an institution comprising mining companies and local government, it is foreseen that the town of Burgersfort will become a "Rustenburg" of Limpopo Province.
Although the Greater Sekhukhune District Municipality's Growth and Development Strategy has identified mining as a major economic anchor for district, the contribution to the economy of the district to date by mining has been much lower than government services.
It is claimed that mining will have a significant impact on levels of unemployment with further opportunities being created as a result of multiplier effects brought about by the mining industry. Although it is envisaged that over 18,000 jobs will be directly created by mining between 2007 and 2009, it is clear that mining will not be a panacea for the socio-economic ills of the district.
Unemployment is a very serious issue for the Sekhukhune District, and it currently stands at 69% far more than the provincial average of 49%. This represents the lowest percentage of people in employment in all districts in both Limpopo and Mpumalanga provinces.
The household survey conducted among the community shows that 77% of the claimants depend on some sort of a social grant from government; 11% of the claimants are in formal employment; and 12% are self-employed.
An alarming percentage of our youth of working age have no schooling, in fact the percentage is the highest in the Limpopo and Mpumalanga provinces. The percentage is more than twice that of the South African population. This makes many of the youth ineligible for work in the mines.
The development of the mines in the Dwars River valley will have little impact on employment opportunities among the Ga Mawela community, despite claims that the mines will bring sustainable employment to the region.
It is our hope that Anglo Platinum will adhere to the spirit of the Mining Charter and Scorecard, which sets out transparent guidelines for partnership between government, mining companies and local communities.
It is hoped that Anglo Platinum will in future engage with the Ga Mawela community constructively to the benefit of both. It is hoped, similarly, that various government departments involved in servicing the needs of the mining sector will do likewise.
The vision of the Ga Mawela Community for the development of the land is informed by the concepts of sustainable development and sustainable livelihoods.
Agriculture, particularly production for household food security purposes and local markets, will contribute more for the livelihoods of the members of the community in the short to medium term than the mines.
Ironically, the influx of skilled mine workers and revenue from other provinces into the area will create new markets for agricultural produce. The Ga Mawela community will seek to benefit from this situation.
In view of the fact that every square inch of the land surrounding St. George, in fact, nearly the entire Lydenburg District, is subject to land claims, the community has got no alternative to developing the farm St. George.
Even though the farm St George presents some physical constraints on development, it also has significant comparative advantages over a future of limited opportunities and dependence on social grants in the impoverished settlements of Greater Sekhukhune District.
The farm St George will make a significant contribution to household food security, and provide for extra income through the sale of surplus produce in local markets - and further afield, if possible, in the longer term.
Given that 66% of the income received by members of the Ga Mawela Community from government grants is spent on buying food, it is our hope that an improvement in the socio-economic status of the members of the community will allow more children to complete their formal schooling and, therefore, become eligible for jobs in the mining, tourism and related sectors - and for higher level education - in future.
Our research has shown that the livelihoods of the Ga Mawela community are representative of the Sekhukhune District. They are the poorest of the poor.
This is the ghastly legacy of the systematic dispossession of thousands of people from their ancestral lands in the Lydenburg District in the past seven decades, directly as a result of the enforcement of the apartheid's land laws.
The community therefore appeals to the Court to engage with its vision and to endorse its plan for the sustainable use and development of the farm St. George.
Maruping go ka boelwa!!!!!!!!