DRAFT SCOPING REPORT FOR LISTED ACTIVITIES ASSOCIATED WITH THE RECLAMATION AND REPROCESSING OF THE SOWETO CLUSTER DUMPS IN JOHANNESBURG, GAUTENG PROVINCE

The Draft Scoping Report is attached for download.

SA Mining Articles

The following related articles are attached: Environmental Compliance: Are government and industry doing enough? Mynhuis sal Potch se drinkwater vernietig Hair-raising uranium levels found  

Publication of the International Agency on Research on Cancer's results of its U measurement study within the Witwatersrand gold fields

The Federation for a Sustainable Environment with its close links to the communities, has aided the IARC to identify barber shops in each ward serving local customers of both sexes (except in Azaadville, where the chosen barber turned out to serve only men) and to collect 1600 samples of human hair.   The IARC has launched the results on its website. View them here. The full report is attached for download.

CITY PRESS: Jozi Gold reveals shocking truths about mining pollution

ORIGINAL ARTICLE AVAILABLE HERE. Documentary Jozi Gold had its world premiere at the 21st Encounters South African International Documentary Festival this week, and some of what it revealed about mining pollution is truly shocking. Grethe Kemp reviews the film. Jozi Gold Directors: Sylvia Vollenhoven, Fredrik Gertten 4 stars   Johannesburg is the most uranium contaminated city on Earth. These and other shocking truths are revealed in new documentary Jozi Gold directed by South African writer, award-winning journalist, playwright and film maker Sylvia Vollenhoven and award-winning Swedish director and journalist Fredrik Gertten. By focusing on the dogged efforts of environmental activist Mariette Liefferink, we are shown how Johannesburg’s mines have contaminated virtually everything in our city – from the water, to the air, to the ground. While some communities live on radioactive land, others struggle with water laden with heavy metals. But all of us – yes, every single Joburger – is affected by the mining fall-out in some way. The problem is that we don’t even fully know what it’s doing to us. Liefferink herself is the kind of subject film makers dream of. The documentary’s opening shot sees her traipsing around an excavated field in sky-high heels, dressed to a tee in black tights, an orange blazer and plenty of jewellery. Read more: Mariette has 'em shell-shocked A soft-spoken tannie with a clipped Afrikaans accent and coiffed blonde hair, she tells us later that she used to be a Jehovah’s Witness, so she’s used to be being “severely disliked”. And dislike is a feeling she must drum up, as she chases down the CEOs of mining companies and holds the government department officials to account for exposing people to hazardous mining pollution. Liefferink says she sees herself as a marathon runner instead of a sprinter, because her work requires a great deal of stamina. In one scene, we watch her patiently phone a government department to lay a complaint about the discharge of untreated mine water into a river system. It’s the 10th time she’s phoning, and she’s again sent from pillar to post. She hangs up cordially, then blinks away tears. But hounding the government officials – too often unsuccessfully – is not her primary work. Liefferink believes that environmental and social justice are inextricably linked, and she works with communities to hold mining companies to account. In one case, she laid a criminal complaint at the local police against the former owner of the Blyvoor mine, for numerous environmental infractions committed between 2008 and this year. She didn’t think anything would come of it, but to her surprise, the state decided to prosecute the mining directors responsible. It’s a huge victory for the Blyvoor community, which has been dealing with the effects of mining pollution for years. A third of all the gold in human history was mined in Johannesburg, and it was what gave birth to the city. But now we’re dealing with an environmental crisis that few of us even know the extent of. Jozi Gold is a superbly shot documentary that we should all see. And Mariette Liefferink is someone who we should all know about, and support.   ORIGINAL ARTICLE AVAILABLE HERE.

FSE's Cold Gold Appeal

The Appeal Authority in terms of Section 43(6) of the NEMA has decided to set aside the decision of the DMR to grant an Environmental Authorisation to the Applicant for the prospecting of coal on farm Golden Valley within the magisterial district of Magaliesburg.  The FSE and the Magaliesburg Community Forum lodged appeals against the Environmental Authorisation by the DMR.

Unfolding Environmental Disaster - Health-e News

  The South African Health News Service   Mintails mining company and its subsidiaries have left the door open to zama-zamas and looters at their abandoned mine in the West Rand. Picture: Health-e News   Unfolding environmental disaster Bernadette Maguire  June 4, 2019 Features   Zama zamas are looting an abandoned mine near Krugersdorp. In the process, they have cut the electric cable to the acid mine drainage which poses the environment and the health hazards. A security company responsible for safeguarding a gold treatment plant belonging to Mintails on the West Rand withdrew last week, citing “financial constraints”. The evacuation, which follows the liquidation of the embattled mining company and its subsidiaries, has left the door wide open to zama-zamas and looters, who are plundering the facility and driving their stash off the premises by the bakkie load. “This is wholesale looting and scavenging of anything of value from copper cables to sheets of metal,” warned environmental activist Mariette Liefferink. “The site is under the control of heavily armed [illegal] miners who control all access to the plant.” Watching the activity from a distance, the men and women carrying tools and blowtorches clearly know what they are doing, creating the impression that this is organised crime. This past weekend climbers, equipped with ropes, scaled the infrastructure of the upper plant.    Zama zamas are stripping an old mine of anything from copper cables to sheets of metal. Photo: Health-e News. “Steel construction was falling like nobody’s business,” said an eyewitness. “The liquidators appear to have lost all interest in securing these assets.”   Gunfights The situation has descended into anarchy. The looters are not shy to shoot and in the past week, there have been several gunfights when looters felt security or outsiders were encroaching on “their” site.   Even the police are scared to intervene. According to witnesses, the authorities have done nothing given the dangers and the large numbers of looters at the facility. “The Hawks have been fearful to get involved with the result that this is now a free-for-all.  The looting continues with no enforcement whatsoever,” said Liefferink. She said the most worrying aspect of the looting was the cutting and stealing of a neighbouring electrical cable to Shaft 9 – this cable powers the pump station that removes acid mine water out of the shaft and into a nearby acid mine drainage treatment plant. Millions of litres of water are pumped daily to prevent the acid mine water reaching the surface and decanting into the surrounding Cradle of Humankind.    If the acid mine drainage at Mintails’s mine decants the impact on environment and health could be devastating. Photo: Health-e News   Sputnik Ratau, the spokesperson for the Department of Water and Sanitation, confirmed that the cable was sabotaged and stolen on 24 May.   “Power to the Western Basin AMD pump station, on Mintails’s property, and the AMD (Acid Mine Drainage) Treatment Plant is thus compromised and the facility is currently not operational,” said Ratau. “If the pumping stops for a prolonged period, like a month, we run the risk of a decant of toxic and radioactive acid mine water into the surrounding Cradle of Humankind.” The underlying rock structure in the Cradle is porous dolomite and the acid mine water could dissolve the rock, destroying valuable fossils in this UNESCO World Heritage site, which is internationally recognised for its hominid finds. This would have serious implications for tourism in the area and would inevitably mean job losses. “Especially for Bolt’s Farm and the Sterkfontein Caves that contain our most precious fossils and we will see an acceleration in the number of sinkholes forming as a result,” said Liefferink.   Serious risk Many of the residents along the water system would be affected by a decant – their water would be contaminated and their health put at serious risk because they do not have access to municipal water. “The people there are dependent on the water systems for their drinking water, for their animals and for irrigation,” says Liefferink. The pump station was established by the Department of Water and Sanitation in response to a potential decant. According to Liefferink, in 2002 the western basin in the area where the mine is situated flooded, leaving acid mine water to flow out with devastating consequences. It resulted in the Tweelopies Spruit and Wonderfontein Spruit becoming radioactive hotspots and acutely toxic, putting lives downstream at risk.      Potential water contamination. Photo: Health-e News   “The Department of Water and Sanitation declared it an emergency.  They refurbished the treatment plant which pumps and processes around 40-million litres of acid mind water a day,” said Liefferink. Her other worry is that the gold treatment plant is the only real asset left and this wholesale looting does not augur well for the recovery of the R460-million environmental liability that Mintails left on the West Rand. This amount was cited in the Parliamentary portfolio committee report by the Department of Minerals and Energy last year. But the Department of Water and Sanitation said there was no immediate risk of raw AMD decanting. “The water level in the void is around 9-metres below the surface and this is considered ample buffer capacity for now,” said Ratau. He added that the Trans-Caledon Tunnel Authority (TCTA), a state-owned entity charged with financing and implementing bulk raw water infrastructure projects, is working closely with Sibanye Stillwater and Eskom to restore the cable. This could be achieved by as early as Tuesday (4 June). Alternative interventions are also being costed so as to achieve a permanent remedy and for armed security personnel to be deployed at the pump station to deter future attempts of cable theft or other damage to the pump station.   Trail of destruction Mintails has left a veritable trail of destruction:  the area is now characterised by deep, scarring opencast pits, massive unrehabilitated dumps and large bodies of toxic acid mine water. Very little was ever done to remediate the environment after they stripped the gold from the earth and recovered gold from the dumps. Massive cement pipes containing toxic mine tailings residue have been dug up and lie littered for kilometres.  These pose a serious risk to the health of communities living around these mines. According to a 2013 study by the Council for Scientific and Industrial Research (CSIR), exposure to acid mine water has serious health consequences, including an elevated risk of cancer and heavy metal poisoning. The CSIR concluded that an epidemiological study is needed but this has not yet been commissioned. Liefferink is concerned the authorities are not acting with the necessary urgency and there appears to be no accountability from Mintails, whose main shareholders are based in the United Kingdom.   “There seems to be a total paralysis on the part of the competent organs of state, such as the Department of Water and Sanitation, the National Nuclear Regulator, the departments of Mineral Resources and Environmental Affairs.  I conducted site visits last week with them but nothing has happened,” she said. Liefferink also questioned whether President Cyril Ramphosa’s big focus on economic development would be possible with a poor environmental base; water, after all, is a critical economic enabler.  “Without water, there can be no economic growth. It’s important to take cognisance of the nexus between environmental management and economic growth,” she said. – Health-e News  

The 21st Encounters South African International Documentary Festival

Invitation to stakeholder workshop on the proposed amendments to the Financial Provisioning Regulations, 2015

Subject: Invitation to stakeholder workshop on the proposed amendments to the Financial Provisioning Regulations, 2015     As you are aware, amendments have been proposed to the Financial Provisioning Regulations, 2015 which substantially change the amended version that was gazetted for comment in November 2017, and discussed in the stakeholder workshops held since the release of the November 2017 version and the 2nd half of 2018. The proposed amendments were gazetted on Friday 7 May 2019, and a period of 45 days have been allowed in which to received inputs and comments.    In order to explain the rational for the changes and to provide a platform for further engagement before the close of the comment period, the Department will hold a stakeholder workshop as indicated below:    Date: 12th June 2019 Venue: To be confirmed but will be held in central Pretoria Time: 8h30 – 12h30 The gazetted regulations can be downloaded from the Departments website at: https://www.environment.gov.za/   To facilitate logistical and catering arrangements, please RSVP as soon as possible to Ms Miranda Mosondo at the email address provided (This email address is being protected from spambots. You need JavaScript enabled to view it.), or by phone at 012-399-9277.    We look forward to engaging with you further on these important regulations at this planned workshop.  

Notice for comment: Financial Provisioning Regulations

Please see attached Financial Provisioning Notice.  Comments are due 45 days from the date of publication (Notice published on 17 May 2019).   Comments to be submitted to This email address is being protected from spambots. You need JavaScript enabled to view it. .  Her land line: (012) 399 -8843.

Another Mabola Success: Atha's Petition to the SCA to appeal the Protected Areas Judgement Denied!

SUCCESS: ATHA’S PETITION TO THE SUPREME COURT OF APPEAL FOR LEAVE (PERMISSION) TO APPEAL THE PROTECTED AREAS JUDGEMENT DENIED!   The High Court, in January 2019, dismissed Atha’s application for leave to appeal.  Atha petitioned the SCA for leave to appeal the Protected Areas judgement that was obtained in the High Court in November, 2018 by a Coalition of NGOs, of which the FSE is a party to.  The SCA dismissed Atha’s petition for leave to appeal, with costs. This means that Atha doesn’t have permission to appeal the Protected Areas judgement and is required to pay the costs incurred in opposing the petition. The Court Order is attached.  The judgment secured in November 2018 remains intact. For background: In 19 March 2019 the CER on behalf of the Coalition lodged the Coalition’s answering affidavit to Atha’s petition with the SCA. Attached is the affidavit. Atha was entitled to reply to the Coalition’s answering affidavit by 2 April 2019, but they did not exercise that right.

2019 SA Mining: FSE on a war path

An article written by Nelendhre Moodley in SA Mining is attached as PDF.

A Battle to Hold Mining Company Accountable

A Battle to Hold Mining Company Accountable Mintails left behind a R460 million ‘environmental mess’ Saturday Star | 23 Feb 2019 | SHEREE BEGA MINTAILS, a gold mining company on the West Rand, has long been red-flagged for causing environmental damage at its operations. | BHEKIKHAYA MABASO African News Agency (ANA)   MARIETTE Liefferink toys absently with the faux gold necklace coiled tightly around her neck like a scarf. “Perhaps, if people ask me, I can say we can all look pretty with imitation gold,” she says, flashing a smile. The 65-year-old mining activist does not wear real gold – and she never will. The reason lies all around her here on the polluted gold fields of the West Rand. Today, the chief executive of the Federation for a Sustainable Environment (FSE) is showing the R460 million environmental “mess” left behind by Mintails, a liquidated gold mining and tailings processing company listed on the Australian Stock Exchange. She gestures to a cluster of unrehabilitated mine dumps on Main Reef Road. “At all their sites, there’s no access control, no stormwater and dust control or any other mitigation or management of the dumps and tailings storage facilities. This has created opportunities for zama zamas to conduct their mining operations.” For the past 12 years, Liefferink’s quest has been to obtain “justice for communities, future generations and the mute receiving environment” affected by Mintails expansive operations stretching across Krugersdorp and Randfontein. She has spent hundreds of hours compiling complaints and requests to authorities for investigations and enforcement, lodging Promotion of Access to Information Act requests and analysing water quality results. The embattled firm applied for business rescue in October 2015, but was liquidated in September last year. It has an unfunded environmental liability of R485 million, but only around R25 million financial provision in its environmental rehabilitation funds. The “delinquency”, argues Liefferink, is not only on the part of the firm and its directors but also the Department of Mineral Resources (DMR) and the Department of Water and Sanitation (DWS) for their non-enforcement of the National Environmental Management Act (NEMA), National Water Act and the Minerals and Petroleum Resources Development Act (MPRDA). “The DMR, as well as the DWS, allowed Mintails to operate from 2012 to 2018 without a mining right, an approved environmental management programme report and financial provisions.” While the DMR and DWS issued the company with several pre-directives and directives for non-compliance since 2013, these were not enforced. “This resulted in this unfunded environmental liability of R460 million, clusters of open pits of 40m deep, partially reclaimed tailings storage facilities, unrehabilitated footprints and toxic and radioactive dams.” Last week, the Legal Resources Centre (LRC), which represents the FSE, sent a final letter of demand to the DMR and DWS, to urgently intervene in addressing Mintails’ pollution. If the departments did not adequately respond by yesterday, the matter will head to court imminently. The letter states that the DMR and DWS must enforce their directives as a matter of urgency and provide a date by when compliance must be achieved by the liquidators and directors. “The DWS, the Mintails Group and their violations was an agenda item on every Wonderfonteinspruit catchment management forum meeting with minutes taken. No action was taken by DWS,” states Lucien Limacher, the acting regional director of the LRC, in the letter. The letter demands that the DMR and the DWS must issue new directives to the liquidators and directors of Mintails to start remedial action and “contain the toxic sludge that is currently polluting and degrading the environment as a matter of urgency”. Further damage is allegedly being caused by continuing open pit mining. The DMR “must take reasonable measures to remedy the situation” or apply to a competent court should the Mintails Group not comply or inadequately comply with the directives. “Should the Mintails Group not comply with the directives, in terms of NEMA, the DMR (must) issue an ex parte application against the Mintails Group to attach and seize property and cover the expenses of the rehabilitation in terms of section 45 of the MPRDA.” The letter also states how the DMR and the Commission and Intellectual Property Commission “must hold accountable the directors of Mintails for the rehabilitation infringements by bringing a delinquency application” under the Companies Act. “The directors have grossly abused the position of director, intentionally or negligently, inflicted harm upon the company and the subsidiaries, acted in a manner that amounted to gross negligence and have repeatedly been personally subject to directives from the DMR and DWS.” In November, a report by the Parliamentary portfolio committee on mineral resources stated how the DMR had failed to ensure Mintails had made the required provision to repair over R300m of environmental damage. The report was sparked by a probe into Mintails collapse by investigative environmental journalism unit, Oxpeckers. “The committee is often confronted by instances of the devastation caused by careless mining where the DMR says it is a state liability because no one can be found to take responsibility. “In the case of the Mintails operation, this mine went into business rescue in 2015, at a time when the mining company had an unfunded environmental liability of over R300m. It had saved barely R20m for all its responsibilities.” The committee’s report noted how Mintails disputed its environmental liability, employing consultants who offered estimates far lower than those of the DMR. The National Nuclear Regulator (NNR), which conducted a site visit in December as the waste had a “radioactive/nuclear element, according to the FSE, says an internal process is under way. “You can rest assured that the NNR will play its regulatory role and discharge its responsibilities in accordance with its mandate regarding this matter,” it says. Sputnik Ratau, spokesperson for the DWS, explains how it issued Mintails with a pre-directive in November 2017. “This required Mintails to cease the seepage of Lancaster Dam wall, clean historic spillages along the reclamation pipeline, rehabilitate the wetlands in the proximity of its tailing storage facility and address inadequate stormwater management.” But the Mintails response to the pre-directive was “deemed unsatisfactory” by the DWS in a letter dated June 28 2018.” The firm then submitted a detailed implementation plan to curb the pollution to the DWS on July 2. However, when Mintails was placed under provisional liquidation in August last year, this “derailed all the progress that was achieved through the pre-directive process”. The DWS is now seeking legal advice internally. “Does the issued pre-directive and commitment made by Mintails carry over to the liquidators, directors and business rescue practitioner? Are the directors and business rescue practitioner legally obliged to comply to the issued pre-directive and implementation plan submitted by Mintails? “Are the liquidators legally obligated to deal with operational issues such as a directive and pollution considering that they are appointed for a limited period to collect all the assets of the mine to settle the claims of its creditors and distribute any of the remainder of the assets to the shareholders of the mine.” The DWS was previously advised in a similar case that it is not the duty of liquidators to manage the day to day business. “Their objective is to realise assets on behalf of creditors. As such, liquidators cannot be directed to manage pollution.” Liefferink worries about impunity. “It would appear when a mining company is in business rescue or liquidation, then the directors and liquidators have no duty of care and simply walk away. The environment, future generations and communities must carry the impact, as in the case of Blyvoor and Aurora. That is totally contrary to the polluter pays principle.” Ratau says the DWS would conduct a site investigation with the liquidators yesterday to “verify the allegations of pollution”. The mandate of rehabilitation rests with the DMR. “However, DWS is engaging the DMR to ensure that water resources are protected.”