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Article

5 Dec 2013

Author:
Ernest Mabuza, Times Live (So. Africa)

Harmony still liable for pollution clean-up

...Judge Piet Meyer, in a unanimous judgment, dismissed an appeal by Harmony that its duty to deal with pollution caused by acid mine drainage ended when it sold its operations in the Free State in 2009... In 2005...the Department of Water Affairs ordered five gold mining companies, including Harmony, to...manage, collect, treat and dispose of underground water constituting a pollution risk...Harmony managed the mining operations of African Rainbow Minerals Gold from 2003 until Pamodzi acquired the entire mining business and land of the company in February 2008...assum[ing]...all Harmony's obligations...[However Pamodzi was] provisionally liquidated in March 2009... Last year Harmony challenged the validity of the 2005 directive, claiming it was no longer bound by it after the transfer...to Pamodzi...Last year the Pretoria High Court dismissed the application by Harmony. On appeal...Judge Meyer said...[if Harmony’s argument was upheld, it] would result in the absurdity that a polluter could walk away from the pollution he had caused with impunity...