Mining boss found liable for company's environment damage

The director of Blue Platinum, based in Tzaneen in Limpopo, was found guilty of causing environmental degradation outside Batlhabine village. (Delwyn Verasamy, M&G)

The director of Blue Platinum, based in Tzaneen in Limpopo, was found guilty of causing environmental degradation outside Batlhabine village. (Delwyn Verasamy, M&G)

Matome Maponya, the managing director of clay-mining company Blue Platinum Ventures, has become the first director in South Africa to be held personally liable for a mining-related environmental offence. 

The director of Blue Platinum, based in Tzaneen in Limpopo, was found guilty of causing environmental degradation outside Batlhabine village, near the town. The company had also not undertaken any of the rehabilitation measures required by both the department of environmental affairs and the department of mineral affairs.

The cost of rehabilitation was estimated by the court at R6.8-million. It gave Maponya a five-year suspended sentence, on condition that the damage was rehabilitated in three months. Maponya and Blue Platinum pleaded guilty to contravening section 24F of the National Environmental Management Act.  

The decisions comes after several years of court action by the community, which laid criminal charges against the mine and its directors, through the Centre for Environmental Rights, which represented the community. 

Melissa Fourie, its executive director, said the lack of a fine was an important element of the decision. "Mr Maponya was not given the option of a fine, and his suspended sentence is directly linked to the damage caused."

Compliance
This was an important step in ensuring mines had more at stake when it came to complying with environmental legislation. "The time has come for greater accountability for environmental damage in the mining sector, not only by mining companies themselves for the devastating effects of their environmental violations, but also by office-bearers who make the decisions that cause such damage," she said.   

Mashile Phalane, a community representative, said, "We are very happy about the outcome of this case and we will be closely monitoring Mr Maponya's compliance with the court's order to rehabilitate damaged areas."

 
Sipho Kings

Sipho Kings

Sipho Kings is the person the Mail & Guardian sends to places when people’s environment is collapsing. This leads him from mine dumps to sewage flowing down streets – a hazardous task for his trusty pair of work shoes. Having followed his development-minded parents around Southern Africa his first port of call for reporting on the environment is people on the ground. When things go wrong – when harvests collapse and water dries up – they have limited resources to adapt, which people can never let politicians forget. For the rest of the time he tries to avoid the boggling extremes of corporations and environmental organisations, and rather looks for that fabled 'truth' thing. For Christmas he wants a global agreement where humanity accepts that sustainable development is the way forward. And maybe for all the vested interest to stop being so extreme. And world peace. And a sturdier pair of shoes. Read more from Sipho Kings

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