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Tribe in row over mining rights

AMANDEBELE of Bronkhorstspruit in Mpumalanga are furious after learning that a mining company had acquired mineral rights over their land without their consent.

The Sokhulumi Tribal Council, led by Chief JJ Mahlangu, is angry after it found out that the tribe could not be granted mineral rights because HCI Khusela Coal Mine held such rights.

The land is rich in minerals such as coal, copper and tin, according to Pitso Kekana, a member of a committee appointed by Mahlangu to deal with the matter.

Kekana said prospecting rights had already been awarded and that the problem started after the council applied for mining rights at the Mpumalanga department of mineral resources.

"We applied just before the public sector strike and got a response in August that our application had been rejected. We found out that the rights were held by Khusela without our consent as the land owners," said Kekana.

Another committee member, Lesiba Kekana, said an environmental assessment company called Digby Wells, appointed by Khusela, wanted Mahlangu to grant them permission to do an environmental impact assessment on the land before any mining operations could commence.

Kekana said: "We refused to let them do that. We later found out that the mineral rights were granted back in 2006."

The areas said to be very rich in coal are gazetted as Rooipoort 440 JR, Flakfontein 453 JR and Rooifontein 443 JR. After the demarcation processes, Rooifontein fell into Gauteng province.

In a letter sent by a Ms J Obando of the Gauteng department of local government and housing to the tribal council requesting a meeting with Mahlangu and Khusela, Obando said Khusela had lodged a complaint with Mpumalanga's department of cooperative governance and traditional affairs.

"The company states it has been prevented to commence with an environmental impact assessment. This action is viewed in a serious light by the mine as it has serious ramifications as they hold mining rights on farm Rooifontein 443 JR," the letter reads.

Kekana said the meeting was supposed to have taken place last Monday, but the chief and his council did not attend. Attempts to get comment from Obando were unsuccessful.

Mohau Ramodibe of the Mpumalanga department of economic development, environment and tourism, said only the department of mineral resources had the right to grant mining rights.

Spokesperson Jeremy Michaels said no mineral rights application is normally processed without proof of consultation.

"The act requires applicants to consult interested and affected parties. These include, but are not limited to, surface landowners, communities and businesses," said Michaels.

Asked whether the tribe had any recourse, Michaels said they could appeal to the Minister of Mineral Resources.

A woman identified as Thokozani, Khusela's legal representative, said she had never heard of Rooifontein.

"I do not have all the facts in front of me, but I have no knowledge of Rooifontein," she said.

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