Vat jou goed en trek, judge tells farmer who has stalled vital mine expansion

Lazarus Mosala single-handedly stopped the expansion of one of the world’s biggest opencast mines for years by refusing to leave the land where his animals graze.

In the process, he extracted concessions worth more than R8.6m from Sishen Iron Ore.  But he overplayed his hand when he made a last-minute demand for R1.5m in cash and monthly royalties on the Northern Cape mine’s output.

Sishen took him to court, and on Wednesday the Kimberley high court gave him 14 days to vacate land that is destined to become a massive mine dump.

Even so, the mine has agreed to repair the gravel road to his new farm and build him a shed for his animal feed.

Northern Cape judge president Pule Tlaletsi, who granted Sishen’s eviction application on Wednesday, said Mosala’s relocation would not make him homeless.   

“In fact, he will be moved to a place which is better than that he currently occupies and which accommodated his preferences,” he said.

“Failure to grant the relief sought by Sishen would cause more harm than good to the company, its employees, the community, the economy of the province and the country at large: just for one person.”

The land Mosala has been forced to relinquish was part of the property Sishen bought from Doornvlei Community Property Association in 2005.

“All other members of the community who resided on the property, due to their membership and as beneficiaries of the association, have vacated the property and reside at a property provided by Sishen,” said Tlaletsi.

In 2018, Mosala signed a settlement agreement which said Sishen would provide him with alternative land and buildings, and access to water, sanitation and electricity. It agreed to move him, his family and their belongings and livestock.  

The company built a house for his family of four, installed solar power and water purification systems, agreed to replace the batteries every three to five years, and offered a R15,000 curtain allowance and a R50,000 inconvenience payment.

“According to Sishen, it has to date spent an amount of R8,625,934.77 to provide for Mosala in compliance with the parties’ agreements,” said Tlaletsi.

But even after signing a relocation agreement in 2021, Mosala refused to move. This time he demanded a shed for his livestock and repairs to the gravel road leading to his new property, Farm Sacha 468.

Sishen told the judge it finally went to court because its mining activities are of “critical economic importance to the Gamagara local municipality, the Northern Cape and the country at large”.

It said Mosala’s refusal to move from land within 500m of a new blasting area was having “very serious consequences” for the company, the community and the country by preventing the mine’s expansion.  

This was because it employed 10,000 people including contractors, provided “countless” indirect jobs, paid R21bn in tax and made a capital investment of R8bn in 2021, and spent R10.3bn with BEE suppliers and R4.1bn with community suppliers.

Representing himself in the high court last month, Mosala challenged the legality of the 2005 sale of the property and claimed he was forced to sign the settlement and relocation agreements against his will by his erstwhile attorney.

Without doubt, everyone is at the risk of suffering just for one man who wants to prolong his stay with a view to extracting more personal financial benefits from Sishen.

—  Northern Cape judge president Pule Tlaletsi

But Sishen filed an affidavit by the attorney, George Kahn, which said Mosala signed willingly and admitted he was treated fairly throughout the negotiations.

“He was surrounded by numerous parties acting in his best interests, consulting with him and advising him from time to time,” said Tlaletsi.

“Mr Kahn mentioned further that it was only when Mosala decided not to comply with the terms of the agreements, against their advice and the risk and consequences of his new stance, that they withdrew from acting on his behalf.”

Mosala told the court he did not refuse to move but wanted Sishen to comply with his demands. “He made further ‘requests’, namely that he be paid an amount of R1.5m and monthly royalties since Sishen is going to make a lot of money with its mining operations,” said Tlaletsi.

1947 — When Sishen Iron Ore started mining.

2.43bn — Estimated iron ore reserves. 

14 — Number of years the mine is expected to be viable.

3.8km — Length of the trains that take Sishen’s ore to Saldanha for export.

—  IN NUMBERS

The judge added: “Without doubt, everyone is at the risk of suffering just for one man who wants to prolong his stay with a view to extracting more personal financial benefits from Sishen.  

“He knew from the time that the settlement negotiations took place and when other members of the association relocated that he would also be required to relocate.  The inordinate delays have been caused by his reluctance or refusal to cooperate.”

Ordering Mosala’s eviction within 14 days, Tlaletsi praised Sishen for deciding not to seek legal costs from the farmer.

“The company has indicated that despite Mosala’s conduct throughout the period of delay and the manner in which he conducted this litigation, it would nevertheless not persist with a costs order against him. This is a commendable gesture,” he said.