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Article

22 Apr 2018

Author:
Brenda Masilela, IOL (South Africa)

So. Africa: Community members file court application seeking to halt mining action by Australian company

"Amadiba members to halt mining action in their community", 23 April 2018

The Department of Mineral Resources (DMR) cannot issue a mining right without the consent of the affected communities in terms of the existing legislation, the Amadiba Crisis Committee (ACC) argued in the North Gauteng High court on Monday. The case is around the DMR’s attempts to mine the land in Xolobeni in the Eastern Cape. The ACC brought an application to prevent the DMR from issuing an mining license to Australian mining conglomerate Transworld Energy and Minerals (TEM) to mine titanium along the Wild Coast. The ACC is made up of residents from the Xolobeni community who have been fighting against the proposed open cast mining on their land since the early 2000s. The community is seeking an order preventing government from granting mining rights over property belonging to the community or, alternatively, that the right not be granted until the land owners have consented. The community is also seeking an alternative order that, if the mining rights are granted, TEM compensate the community for any losses or damages which they are likely to suffer as a result of mining.