Anglo Platinum lawsuit (re displacement in So. Africa)

On 24 July 2007, over 100 residents of Ga Puka and Ga Sekhaolelo (the Mohlohlo Community) filed a lawsuit in the High Court Transvaal Provincial Division, against Potgietersrust Platinum's Ltd, a wholly owned subsidiary of Anglo Platinum on and nine other defendants (including the South African Government).  The plaintiffs sought an injunction prohibiting Anglo Platinum from interfering with the residents’ land rights in an area where thelake in Limpopoy were expanding their mining activities.  The plaintiffs sought to set aside the relocation agreement Anglo Platinum made with Section 21 companies – entities which were supposed to represent the interests of the individuals being resettled.

The plaintiffs alleged that: the Section 21 companies were not independent and under the influence of Anglo Platinum; Anglo Platinum forcibly relocated residents; and individual householders signed relocation agreements under duress.  The plaintiffs further alleged that Anglo Platinum did not comply with the terms of the relocation agreement.  The court denied the plaintiffs the requested injunction, and the case was dismissed.

Following a 2008 report published by Action Aid on the situation in Limpopo, the South African Human Rights Commission investigated the human rights impact of Anglo Platinum’s mining activity in region and issued a report late 2008 with recommendations for the company.  This investigation was the first time the commission examined the human rights impact of a company’s activities.

- “SAHRC finding highlights issues of community relocation to make way for mining”, Dennis Ndaba, Mining Weekly, 16 Jan 2009
- “Platinum miner defends its position on human rights abuse allegations”, Darren Parker, Mining Weekly, 5 Dec 2008
- “Anglo Plats to meet human rights commission over platinum mine farm relocations”, Tessa Kruger, Mineweb, 27 Mar 2008
- “South African Tribe Summonses Anglo Platinum, Others”, Chantelle Benjamin, Resource Investor, 27 Jul 2007
- “Statement and Demands of the Ga-Puka and Ga-Sekhaoleo (Mohlohlo) Development Committees”, Mines and Communities, 11 Jun 2007
- “Angloplat faces lawsuit threat over removals”, Resource Investor, 29 May 2007

- Anglo Platinum: Anglo Platinum Responds to Resettlement Allegations, 25 Mar 2008
- Action Aid: [PDF] Precious Metal: The impact of Anglo Platinum on poor communities in Limpopo, South Africa, Mar 2008
- Richard Spoor [counsel for plaintiffs]: Action instituted against Anglo Platinum over forced removals at Mohlohlo, Plaintiffs’ Press Release, 25 Jul 2007

- South African Human Rights Commission: [PDF] Mining-related observations and recommendations: Anglo Platinum, affected communities and other stakeholders, in and around the PPL Mine, Limpopo, Nov 2008

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Article
29 October 2012

[PDF] Corporate Legal Accountability Quarterly Bulletin - Issue 7

Author: Business & Human Rights Resource Centre

[Full text of October 2012 issue of the Corporate Legal Accountability Quarterly Bulletin. Refers to lawsuits against adidas, Amesys (part of Bull), Anadarko, Anglo Platinum (part of Anglo American), Areva, Blackwater, BP, CACI, Cameron International, Chevron, Copper Mesa Mining, Curacao Drydock, DynCorp, Esmor Correctional Services (part of Correctional Services Corporation), Ford, Global Horizons, Halliburton, L-3, PA Child Care, Paladin, Shell, SNCF, Texaco (part of Chevron), Transocean.]

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Lawsuit
28 September 2012

Anglo Platinum lawsuit (re displacement in So. Africa)

Author: Business & Human Rights Resource Centre

On 24 July 2007, over 100 residents of Ga Puka and Ga Sekhaolelo (the Mohlohlo Community) filed a lawsuit in the High Court Transvaal Provincial Division, against Potgietersrust Platinum's Ltd, a wholly owned subsidiary of Anglo Platinum on and nine other defendants (including the South African Government).  The plaintiffs sought an injunction prohibiting Anglo Platinum from interfering with the residents’ land rights in an area where they were expanding their mining activities.  The plaintiffs sought to set aside the relocation agreement Anglo Platinum made with Section 21 companies – entities which were supposed to represent the interests of the individuals being resettled.

The plaintiffs alleged that: the Section 21 companies were not independent and under the influence of Anglo Platinum; Anglo Platinum forcibly relocated residents; and individual householders signed relocation agreements under duress.  The plaintiffs further alleged that Anglo Platinum did not comply with the terms of the relocation agreement.  The court denied the plaintiffs the requested injunction, and the case was dismissed.

Following a 2008 report published by Action Aid on the situation in Limpopo, the South African Human Rights Commission investigated the human rights impact of Anglo Platinum’s mining activity in region and issued a report late 2008 with recommendations for the company.  This investigation was the first time the commission examined the human rights impact of a company’s activities.

- “SAHRC finding highlights issues of community relocation to make way for mining”, Dennis Ndaba, Mining Weekly, 16 Jan 2009
- “Platinum miner defends its position on human rights abuse allegations”, Darren Parker, Mining Weekly, 5 Dec 2008
- “Anglo Plats to meet human rights commission over platinum mine farm relocations”, Tessa Kruger, Mineweb, 27 Mar 2008
- “South African Tribe Summonses Anglo Platinum, Others”, Chantelle Benjamin, Resource Investor, 27 Jul 2007
- “Statement and Demands of the Ga-Puka and Ga-Sekhaoleo (Mohlohlo) Development Committees”, Mines and Communities, 11 Jun 2007
- “Angloplat faces lawsuit threat over removals”, Resource Investor, 29 May 2007

- Anglo Platinum: Anglo Platinum Responds to Resettlement Allegations, 25 Mar 2008
- Action Aid: [PDF] Precious Metal: The impact of Anglo Platinum on poor communities in Limpopo, South Africa, Mar 2008
- Richard Spoor [counsel for plaintiffs]: Action instituted against Anglo Platinum over forced removals at Mohlohlo, Plaintiffs’ Press Release, 25 Jul 2007

- South African Human Rights Commission: [PDF] Mining-related observations and recommendations: Anglo Platinum, affected communities and other stakeholders, in and around the PPL Mine, Limpopo, Nov 2008

Article
1 November 2009

[PDF] Anglo Platinum’s response to: “A clash of cultures (and lawyers): A case study of Anglo Platinum and its Mogalakwena mine in Limpopo, South Africa”

Author: Anglo Platinum

We welcomed the publication of this case study...because we believe it fairly portrays the...complexities of conducting community resettlements in South Africa...Where the study identified areas of activity which, in retrospect, could have been done differently, it has provided us with a valuable guide to making improvements in the way the resettlement is being conducted...Clearly, these lessons will be valuable to other companies who are undertaking resettlements and we would encourage them to read this case study.

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Article
1 November 2009

[PDF] Mogalakwena Mine - General update on community issues

Author: Anglo Platinum

This report provides Anglo Platinum’s stakeholders with an update on issues pertinent to the:
• resettlement at Mogalakwena mine;
• alleged impact on water quality in Ga-Molekana community; and
• company’s response to the South African Human Rights Commission’s...recommendations that were included in a report released by the SAHRC [in 2008]

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Article
1 May 2009

[PDF] A clash of cultures (and lawyers): A case study of Anglo Platinum and its Mogalakwena mine in Limpopo, South Africa

Author: Leanne Farrell, Eric Mackres and Ralph Hamann

This case study traces the developments leading up to the launch [of the South African Human Rights Commission's 2008 report on Anglo Platinum] and discusses how the company is trying to respond. In particular, will the Limpopo debacle be seen as an opportunity by the company to fundamentally revisit its approach to local community relations, resettlement and integrated development planning around its mines, or will it be seen as a once-off difficulty that needs to be contained and managed? More broadly, can a company like Anglo Platinum [part of Anglo American] make the necessary cultural shift away from conflict and contest, and towards negotiation and partnership?

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Article
25 March 2008

Anglo Platinum Responds to Resettlement Allegations

Author: Anglo Platinum

Anglo Platinum is aware of the serious allegations contained in the BBC Radio Report, “Mining forces out thousands in SA” and the ActionAid Report “Precious Metal the Impact of Anglo Platinum on poor communities in Limpopo, South Africa”. The reports contain numerous errors in addition to inflammatory statements. Anglo Platinum’s relocation of communities in the Mogalakwena district have resulted from consultations and negotiations that span the period 1998 to 2008... The BBC and ActionAid reports have grouped both relocations and interviewed only those with a negative stance. Both the communities of the new Ga-Pila and Motlhotlo villages are being provided with treated underground water by the Municipality of Mogalakwena. Neither the BBC nor ActionAid visited the new Motlhotlo village constructed by Anglo Platinum and are therefore unable to present a balanced case for the negotiated resettlements... Anglo Platinum takes these allegations extremely seriously and will attempt to correct all factual inaccuracies with its stakeholders and will present such facts to the BBC and ActionAid.

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Article
1 March 2008

[PDF] Precious Metal: The impact of Anglo Platinum on poor communities in Limpopo, South Africa

Author: ActionAid

Remote rural communities have lost their farm land and access to clean water in South Africa as a result of mining by Anglo Platinum, the world’s largest platinum company, which made profits of US$1.75 billion in 2007 alone. A new ActionAid report estimates thousands of poor people in four villages in the Bushveld mineral complex in Limpopo province have lost farm land and received little compensation in a series of relocation deals with Anglo Platinum...ActionAid is calling on the South African Parliament to reject proposed amendments to the mining act that would substantially weaken environmental and social safeguards.

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