Mapungubwe, one of South Africa's historic and environmental jewels, is in danger of losing its prestigious World Heritage Site status.

Tensions and competing interests between the Department of Mineral Resources and the Department of Environmental Affairs hang over the culturally and environmentally sensitive Mapungubwe Cultural Landscape in Limpopo, on the Zimbabwe and Botswana borders.

While the latter department recognises the area as a nature conservation area under its National Environment Management Act, it has failed to protect it from sprawling coal mining activity, with its rival department issuing prospecting and mining rights to Coal of Africa, prospecting rights to Anglo American's coal unit Anglo Coal, and further prospecting rights to Australian company Universal Coal.

The Mapungubwe catchment attracts mining companies because of its vast coking coal reserves. Earth gas is also present, as is lower grade coal.

Mapungubwe was among 24 places declared World Heritage Sites in 2003 by the United Nations Education Scientific and Cultural Organisation (Unesco).

The landscape, at the confluence of the Limpopo and Shashe rivers, contains sandstone formations, mopane woodlands, baobab trees, flood plains and riverine forests.

The forests are home to a wide variety of animal species, such as elephant, giraffe, buffalo, white rhino, lion, leopard, hyena and various antelope species. There is also abundant birdlife.

Mapungubwe has remained largely unvisited by tourists. The national park encompassing the area is one of SA's newest, having opened its gates to the public in September 2004.

Mining activity in the Mapungubwe catchment, particularly that of Coal of Africa at its Vele Colliery, which is six kilometres from the historically important site, has been fiercely opposed by Mapungubwe Action Group, which consists of the Endangered Wildlife Trust, the Association of Southern African Professional Archeologists, Birdlife SA, the Worldwide Fund for Nature, the Peace Park Foundation and the Wilderness Foundation SA.

Last year the group obtained a court order against Coal of Africa and Mineral Resource Minister Susan Shabangu, stopping mining operations.

The court action is expected to return to the South Gauteng High Court in March. The mine was forced to close down by the Department of Environmental Affairs.

The issue has attracted the attention of Unesco.

In November last year, a delegation from Unesco undertook a fact-finding mission and its findings are expected to be reported to its World Heritage Site Committee next month, with fears that the mining activity could see Mapungubwe stripped of its World Heritage Site status.

Marius Diemont, a partner at Webber Wentzel specialising in environmental law, said while the Department of Mineral Resources wants investment and job creation, this runs counter to the interests of the Department of Environmental Affairs, which is charged with protecting the environment.

Diemont said: "There is an unfortunate gap in our law when it comes to obtaining environmental authorisation for mining. Currently, environmental authorisation for mining is determined by the Department of Mineral Resources under the Minerals and Petroleum Resources Development Act, whereas environmental authorisation for activities associated with mining, like the construction of certain types of roads, is determined by the Department of Environmental Affairs."

Diemont said although closure of Vele Colliery will result in more than 500 direct job losses, this should be seen in the light of the creation of long-term jobs in more sustainable sectors such as agriculture and tourism.

"The principle at stake here is that mining is simply not a suitable land use in all areas and that some areas are far more important for long-term job creation, sustainable development and environmental health than they are useful to short-term wealth creation," Diemont said.

In 2006 environment ministers from SA, Zimbabwe and Botswana signed a memorandum of understanding that proposed a jointly-owned ecotourism region called the Greater Mapungubwe Transfrontier Conservation Area (TFCA) - to be managed by a trilateral technical committee (TTC) from the three countries.

The memorandum spelt out that this committee would chart the way forward regarding land use management, safety and security, conservation, tourism and cultural resources in the area.

Johan Verhoef, the international co-ordinator of Greater Mapungubwe, said the entire park process - which started with the setting up of a task team in 1995 - has cost between R500-million and R800-million, with land being acquired and infrastructure built.

"The TFCA units have been set up by three countries' paid staff, with budgets and donor funding," Verhoef said.

"The roadmap towards operationalising the TFCA in the form of the integrated development plan as directed by the TTC have been approved by it (TTC).

"This, plus a formal progress report, as well as challenges and barriers, will be tabled and signed off by the trilateral ministerial committee in March and followed by recommendations to the three cabinets or upper levels of government structures, and then the signing of the treaty by the three heads of state soon thereafter."

Verhoef said the formal international treaty is being processed by the three countries, though aspects such as border posts, concessions, tourism development and marketing have been put in place - notably in Zimbabwe where the tourism industry is being rebuilt.

Work is being carried out on the joint management plan for the Greater Mapungubwe TFCA and expansion of the World Heritage Site into Botswana and Zimbabwe.

Department of Environmental Affairs spokesperson Albie Modise commented that SA is a sovereign state and the proposed mining is outside the World Heritage Site.

While referring most questions on the matter to the Department of Mineral Resources, Modise said SA is awaiting the decision of Unesco.

"The World Heritage designations are the prerogative of Unesco," Modise said. "The purpose of the November visit was to establish facts that will inform future discussions on Mapungubwe. SA as a state party will be informed as and when decisions are made."

Attempts to obtain comment from the Department of Mineral Resources were unsuccessful.