/ 27 October 2000

Community of Batlhabine fights for local mining rights

The government has tabled a Bill proposing that all rights of a former homeland statutory body be ceded to it, but a local community says some of its assets belong to them Pule waga Mabe On the dusty and mountainous roads on the outskirts of Tzaneen in the Northern Province lies a big open pit clay mine that once employed more than 500 workers from the Batlhabine community. Maria Lesialane (54), who made bricks underground for more than a decade, walks the 7km to the mine twice a week with a group of other now-jobless people hoping the mine will suddenly reopen. It was liquidated last year and purchased – with Zebediela Brick Works – by the Lebowa Mineral Trust (LMT), which intended to put it out to tender. A Bill calling for the abolition of the LMT and putting all its assets, liabilities, rights, obligations and staff of the trust under the minister of mineral and energy affairs was tabled before Parliament last Friday. Deputy Minister of Energy and Mineral Affairs Susan Shabangu said the Bill provides for the government to take over mineral rights and thereafter assist small miners, particularly previously disadvantaged groups. Back in Batlhabine, nobody is content with the Bill. Members of the community think that once the Bill is passed, the government is going to resort to delaying tactics. The Batlhabine community says the minerals are mined on their land and therefore belongs to them, and so does the brick works.

MPL Kingsley Masemola of the United Democratic Movement, who also has his eyes on ownership of the Batlhabine brick works, has thrown his weight behind the matter, saying that the community was not properly consulted. “The Ngwenyama Trust in Kwazulu-Natal and the Royal Bafokeng Trust that own land and platinum mines respectively, are independent. In the same vein, LMT should be allowed to be autonomous,” said Masemola. LMT was established as a statutory body of the former Lebowa homeland. Jascinto Rocha of the Department of Mineral and Energy Affairs said once the Bill is passed the community of Batlhabine will be the major beneficiary and the mine will provide job opportunities. Ownership of the mine would fall under the national government, which would be charged with the responsibility for collecting royalties. The Batlhabine community has been waging an ownership battle over the mine for 18 months. Mashile Phalane, a representative of the Batlhabine Rural Development Trust, which represent community interest in many developmental initiatives, is not compromising on the matter. “The community has the mineral rights, the place belongs to them,” says Phalane.

Phalane argues that the involvement of political parties in the dispute raises fears within the community that such formations seek to enrich themselves. He maintains that the Batlhabine community should be the major beneficiary in any new development regarding the mine.

Masemola dismissed allegations of political party involvement in the matter, arguing that his involvement is personal and has nothing to do with the UDM. The legislative process regarding the mine will be followed by a tender process that will determine its new ownership. Some of the criteria to be considered in awarding the tender includes community empowerment, technical expertise and business acumen. Phalane, on the other hand, said would-be owners of the mine should have plans for rehabilitating the mine, so that it doesn’t pose a safety hazard to the community. Two years ago a man fell into a pit on the mine and died. There was no comment from the local chief, Chief Mogoboya, and tribal authority councillors refused to speak to the Mail & Guardian. A community hearing on the matter is planned for November 11.