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Globe Metals and Mining lawsuit (re lack of resettlement & compensation in Malawi)

In 2006, Globe Metals and Mining (Globe Metals) launched the “Kanyika Niobium Project” to mine and extract minerals in the Kanyika Area after obtaining permission from the Government of Malawi. This area has been occupied by the Kanyika community for hundreds of years, and it claims that it has never been consulted by Globe Metals or the Government about mining operations.

In 2011, Globe Metals stated that it will compensate all members of the Kanyika community adversely affected by its mining operations and relocate them by 2012. The Kanyika Community ceased using their lands, including growing crops, and stopped maintaining their housing marked for demolition. The community claims that Globe Metals continued their mining operations without compensating and relocating the community for over five years.

On 28 August 2017, Nthondo Banda and 242 other members of the Kanyika community filed a lawsuit against Globe Metals in the High Court of Malawi, seeking constitutional and common law damages and compensation over the lack of compensation and resettlement. On 3 November 2017, Globe Metals denied the allegations. The parties decided to consider mediation at the Mzuzu High Court. 

On 31 August 2018, the proceeding of mediation between the Kanyika community and the defendants (the Kanyika Community also filed a lawsuit against the Attorney General) was held. The parties agreed that the community members who lost their land and were negatively impacted by the mining operations should be compensated. The Kanyika community was asked to provide a document of the list of households and individuals who were not compensated. Another meeting was scheduled for 15 November 2018. The case is ongoing.

Update on the mediation between Kanyika community and Global Metals and Mining Company, Paul Mvula, Church & Society Program (Malawi), 5 Sep 2018

Kanyika and Globe Metals compensation case, mediation starts on good note, Wanangwa Mtawali, Nyasa Times (Malawi), 3 Sep 2018

Kanyika court case goes for mediation in Malawi, Debora Manda, Mining in Malawi, 4 Apr 2018

Community seeks compensation against Global Metals & Mining for alleged impoverishment, Southern Africa Litigation Centre, 13 Mar 2018

Malawi: 250 households sue Global Metals & Mining for lack of compensation for displacement to pave way for mining, George Singini, Nation, 14 Sep 2017

Malawi: Residents say Globe Metals & Mining yet to compensate them after displacement; includes company's comments, Luke Bisani, Malawi24, 4 Apr 2016

Court documents

Globe Metals & Mining' statement of defence, Globe Metals & Mining, 13 Mar 2018

Statement of claim against Globe Metals & Mining, John Tennyson & Associates, 13 Mar 2018

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Article
5 September 2018

Update on the mediation between Kanyika community and Global Metals and Mining Company

Author: Paul Mvula, Church & Society Program (Malawi)

Today the 31st August, 2018, mediation of Kanyika mining case has started in Mzuzu high court. In my view, it has started on a good note. All parties to the case were present. These included Kanyika community members, Office of the Attorney General, Global Metals and Mining Company and their lawyers – Savjani and Company and the Ministry of Mines. Church and Society Programme observed all the deliberations. Among other concerns raised by Kanyika Community in their writ of summons, for a start, parties have agreed on a few of them. One such critical issue was that  - whosoever had his / her land disturbed during the exploration phase by Global Metals and mining Company needed to have been compensated.

In case some were not compensated, Global Metals and Mining Company need to compensate such households / individuals. Kanyika Community has been asked to compile a list of all such households / individuals who were not compansated. It came out clearly that some households / individual were subjected to exploration activities and did not get any compensation. Parties will meet again on 15th November, 2018 at Mzuzu high court to seal this agreement but also continue to discuss other unresolved issues. One such issues that will be under the discussion is under paragraph 15 in the writ of summons. 

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Article
3 September 2018

Kanyika and Globe Metals compensation case, mediation starts on good note

Author: Wanangwa Mtawali, Nyasa Times (Malawi)

Hearing of a case in which the people of Kanyika in northern Malawi's district of Mzimba sued Global Metals and Mining (Africa) to recover damages and compensation arising from extensive mining and prospecting operations...began on a good note...at Mzuzu High Court...The Kanyika community commenced the legal battle on 28th August 2017 after a series if demands towards the mining company and protests over the matter did not yield anything tangible...The company committed itself to fulfil the following undertakings: resettle all the people of Kanyika adversely affected by its operations by the year 2012 and compensate any loss and damage suffered as a result of the project...

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Article
4 April 2018

Kanyika court case goes for mediation in Malawi

Author: Deborah Manda, Mining in Malawi

The Malawi High Court has referred for mediation a court case in which communities in the area hosting the Kanyika Niobium Exploration Project in Mzimba sued tenement holder Globe Metals and Mining and the Malawi Government claiming compensation and damages.

This is according to an article posted on the website of a regional human rights organization, the Southern Africa Litigation Center (SALC), which is assisting the Kanyika Community in seeking justice on the issue.

SALC, which is jointly working with Livingstonia Synod’s Church and Society, says in the article that it commenced the action in the Malawi High Court on August 28, 2017 but on September, 11 2017, the Attorney General, on behalf of the Malawi Government who are the second defendants in the case filed defence denying the Kanyika Community’s claims and later the first defendants, Globe Metals and Mining followed suite...

In 2006, ASX-listed Globe Metals started prospecting niobium, tantalum and uranium at Kanyika after it was granted an exclusive prospecting licence by the Government of Malawi.

But members of the Kanyika Community claim they were not consulted by either Globe Metals or the Government of Malawi before commencement of operations in the area.

In 2011, Globe Metals, working in collaboration with Mzimba District Council’s office, entered into negotiations and consultations for the resettlement of the Kanyika Community and the payment of compensation for any loss and damage occasioned to the Community as a result of the implementation of the project...

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Article
13 March 2018

Community seeks compensation against Globe Metals & Mining for alleged impoverishment

Author: Southern Africa Litigation Centre (So. Africa)

"Challenging uncompensated disturbances, damages, loss and suffering due extensive mining and prospecting operations"

[The South Africa Litigation Centre] is assisting the Kanyika Community based at Kanyika in the Mzimba District of Malawi to recover damages and compensation arising from extensive mining and prospecting operations conducted by Globe Metals and Mining (Africa) Limited (Globe Metals) with the authority of the Mzimba District Commissioner. The Kanyika Community—consisting of 1042 individuals—and their forefathers have occupied and used the customary land at Kanyika Area since time immemorial; growing seasonal and perennial crops, rearing animals, residing within the Area and maintaining cemeteries and burial sites to which they attach great sentimental, religious and cultural value. An important river on which they almost absolutely relied for their water supply also passed through the area.

In 2006, Globe Metals commenced the Kanyika Niobium Project (the Project) to prospect, mine and process minerals in the Kanyika Area, claiming it had been granted a mineral right to do so by the Government of Malawi and was acting with the permission of the Mzimba District Commissioner. The Kanyika Community was not consulted by either Globe Metals or the Government of Malawi before commencement of operations in the Area...

As a result of the activities of Globe Metals, the Community has suffered the following loss and damage...[including]...gross poverty, deprivation and perpetual food insecurity;...severely dilapidated [houses that]..will require substantial investment to be restored to a habitable state; [and] the drying up of the river which passed through the Area and on which the Community heavily relied as a source of water for domestic, agricultural and other purposes...

 

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Article
13 March 2018

Globe Metals & Mining' statement of defence

Author: Globe Metals & Mining

"1st Defendant's Defence"

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Article
13 March 2018

Statement of claim against Globe Metals & Mining

Author: John Tennyson & Associates (Malawi)

"Statement of claim"

 

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Article
14 September 2017

Malawi: 250 households sue Global Metals & Mining for lack of compensation for displacement to pave way for mining

Author: George Singini, The Nation (Malawi)

"Kanyika mine in court" 4 September 2017

Kanyika residents...have taken...Globe Metals and Mining...to court for failing to compensate them after they were asked to relocate to pave way for...a nobium mine...[Their lawyers] are claiming damages for about 250 households that were told to stop developing their land, building houses, farming and other economic activities in readiness for the relocation in 2012. The people say they have endured hunger and poverty since Global Metals said they would be compensated and relocated.

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Article
4 April 2016

Malawi: Residents say Globe Metals & Mining yet to compensate them after displacement; includes company's comments

Author: Luke Bisani, Malawi24

Kanyika residents have threatened to sue Malawi government and Globe Metals and Mining Company for failing to compensate villagers who were relocated from the mining site in Mzimba. Chief Mabulabo of the area said they will seek justice in court arguing that government and the company have made life miserable for Kanyika residents. In 2008, government unveiled plans to have niobium mining at Kanyika in Karonga to be run by Australian company Globe Metals, a development that led to relocation of residents from the area. Government further urged residents from the area to stop commercial activities while they were waiting to be moved out of the mining site.

Five years after removing the people, there is nothing on the ground to show that the company is ready to start the mining work and residents are yet to be compensated. Mabulabo said that the company is failing to compensate 240 families despite having an agreement with them.  He said that the residents through their lawyer Crispin Sibande will take up the matter to court. “It’s very embarrassing that government is not there for people who are living in misery, they were moved but up to now they haven’t been compensated,” said Mabulabo.

Earlier on, the Catholic Commission for Justice and Peace (CCJP) urged government to come out clearly on whether there will be niobium mining at Kanyika in Mzimba. However, government and Globe Metals officials said the project is still on and people should not lose hope as they will be duly compensated as per agreement.

 

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