The Green Scorpions issued a compliance notice to the Coal of Africa (CoAL) mine near the Mapungubwe World Heritage site on the banks of the Limpopo River last week, ordering them to stop all construction-related activities on access roads inside and outside the Vele colliery. The notice effectively puts a temporary stop to all mining-related activities on the site.

The Department of Environmental Affairs (DEA) confirmed this on Tuesday and, according to a report in the Mining Weekly, accused the mining company of carrying out illegal activities on the site. The DEA earlier threatened to halt development at the colliery, should CoAL not comply with the relevant environmental laws.

According to a SAPA report, Environmental Affairs spokesperson Albi Modise said that roads, including the main access roads, were not to be used. The mine was also ordered to stop construction on a storage facility and tank for dangerous goods. The storage tank had to be emptied in 48 hours and the fuel removed to a facility that is legally authorised to store such fuel.

The compliance notice issued to CoAL also instructs the mining company to stop any further construction of water pipelines and to stop using existing pipelines. The construction of a sludge dam is also halted until such time as authorisation has been obtained from the Departments of Environmental Affairs and Water Affairs.

Modise said the mine had to appoint an independent environmental consultant to assess the mine´s compliance with environmental legislation. He added that the Green scorpions would continue to monitor the situation and would not hesitate to charge the directors criminally if the conditions were not adhered to.

According to a Reuters report, CoAL has denied allegations that it carried out any unauthorised activity at the Vele colliery. The mining company said it would vigorously defend all the appeals brought against them and described the accusations as without basis or legal merit.

The compliance notice issued by the Green Scorpions follows only days after a coalition of several concerned organizations launched interdict proceedings against Limpopo CoAL (Pty) Ltd and the Minister of Mineral Resources. The applicants are the Mapungubwe Action Group (MAG), the Endangered Wildlife Trust, the Association of Southern African Professional Archaeologists, the Peace Parks Foundation, World Wide Fund for Nature South Africa, BirdLife South Africa and the Wilderness Foundation South Africa.

“Much of the applicants’ concern relates to the location of the Vele Colliery and the impact that the mining and related operations will have on the unique and sensitive landscape within which the Vele mining area falls. The Vele mining area is situated adjacent to the Mapungubwe Cultural Landscape which has been declared a World Heritage Site. The area is a national treasure, given its archaeological significance and the abundant biodiversity that exists there, amongst other things,” says Mr Nick Hiltermann, chairperson of the Mapungubwe Action Group.

This week on the television programme 50/50, concerned groups related how the process to grant the mining right was bulldozed through, without adequate consultation. The question arose who, in their right mind, would grant a mining right in an area that is internationally declared a World Heritage Site and an International Biosphere Reserve.

The applicants who launched the interdict proceedings, have lodged internal appeals against the decision to grant the mining right, as well as the decision to approve the EMP. These appeals are pending and the applicants have not received any answering papers.

CoAL confirmed in July that they received their new mining order in March and that their construction phase was at an advanced stage, although mining had not yet commenced.

“The applicants have launched the interdict application in an attempt to prevent further destruction of the area while the legal disputes are pending. The interdict application is thus an interim measure that seeks to prevent CoAL from carrying on any mining or related operations on the Vele mining area,” says Hiltermann. They want all mining activities on the farms Bergen Op Zoom, Sempel, Voorspoed, and portions and the remainder of Over Vlakte, to stop, pending the final outcome of the appeals.

The first appeal is against the granting of mining rights to Limpopo CoAl (Pty) Ltd in terms of Section 96(1) of the Mineral and Petroleum Resources Development Act 28 of 2002. The second appeal, in terms of the same act, is against the approval of the mining company’s EMP. If any of the appeals should be dismissed, applications will be brought for the review of the granting of the mining right and/or the approval of the EMP.

“The interdict application also seeks to question the commencement of mining or related operations in the absence of a water use license and on private nature reserves,” says Hilterman.

The Mapungubwe Action Group on August 10 gave notice of the appeal to Minister of Mineral Resources, as well as the Director-General. They stated that they did not know the identity of the decision-maker who granted the mining right. They requested written reasons for the granting of the mining right as well as a copy of the mining right and the final EMP and MWP (Mining Working Programme). The Minister or Director-General was requested to “urgently and without delay exercise their power to suspend the grant of the mining right, as they are empowered to do in terms of section 96(2) of the Act.”

They reminded the minister that South Africa, Botswana and Zimbabwe had signed a joint memorandum of understanding (MOU) in 2006 to develop a new trans-frontier conservation area (TFCA).

“This area could become one of the world’s greatest game preservation and eco-tourism areas which would, for generations to come, attract high net worth, international visitors and provide continued and sustainable tourism-based employment,” states MAG in its appeal. Therefore, the awarding of any mining licence and the promotion of heavy industrialisation should not be done prior to the completion of a regional and international strategic planning process in this area.