'All we want is for our voices to be included': mining communities

Hundreds of people living in mining communities around the country have no idea what a mining charter is‚ or even what it means for them.

This is according to three groups who represent more than 150 mining communities and activists‚ who have now launched a court application to intervene in the Chamber of Mines’ high court bid to have Mineral Resources Minister Mosebenzi Zwane’s charter set aside.

The Wits Centre for Applied Legal Studies (CALS) will be representing a coalition formed by the Mining Affected Communities United in Action (MACUA)‚ Women Affected by Mining United in Action (WAMUA) and the Mining and Environmental Justice Network of South Africa (MEJCON-SA) to argue their case to be included in the court proceedings on 14 November. The Chamber’s application is set down to be heard on 13 and 14 December.

“CALS decided to intervene on the basis that there is this conversation happening between government and mining companies‚ represented by the Chamber of Mines‚ regarding the new mining charter‚” said the Centre’s Wandisa Phama at a press briefing on Tuesday.

“Many issues have been raised by this charter‚ but what we have found really problematic about this conversation is how it has been taking place to the exclusion of people who are affected by mining.

So as mining-affected communities‚ we wanted to intervene in this matter to bring a community perspective on the mining charter.”

CALS researcher Robert Krause said one of the fundamental flaws in the new charter was its lack of clarity – an issue that would have been addressed if consultation had taken place with communities.

“When it is voting time‚ our government will go to each and every house to canvass. But when it comes to laws such as the mining charter‚ they put it on the website. How many communities‚ in the deepest villages‚ will ever know the charter is on the website?” asked MACUA convenor Meshack Mbangula.

He explained that many of the communities he has been in touch with are not even aware that the mining charter exists‚ or what its purpose is.

“It’s 23 years of democracy now‚ and we are still struggling to get to engage on issues that reflect on communities’ needs – that affect their lives. We shouldn’t be taking this matter to court‚ we should be able to engage‚” Mbangula said.

CALS will be seeking to have mining communities elevated to the status of stakeholders‚ and if successful‚ Mineral Resources will be ordered to include representatives of the communities at the table alongside mining companies and the department.

“There is nothing about women in this charter‚” said Nester Ndebele of WAMUA. “Women are the carriers of all the burdens in mining communities‚ but our government does not even see women as important. This charter is the same as our constitution – it seems as if someone has just written the constitution for us to read‚ and for government to throw in the dustbin.

“If they think about who voted for them to become MPs‚ they will come to us. They will come to the communities‚ not with braaivleis and pap to spoil us‚ but to speak to us – to find out what we really need‚” she said.

Elton Thobejane‚ deputy president of MEJCON-SA‚ echoed these sentiments‚ adding that Zwane had created an expectation when he announced he was going to meet with the mining sector to engage on the development of the charter.

It was also revealed that MEJCON-SA had attempted to engage with Zwane on their issues‚ but were never successful in actually meeting with him.

“Unfortunately it did not happen. We were excluded. Our communities don’t even know what a charter is‚ or what is in it. They don’t know how they could benefit from it.”