Zululand and the environment

Dear Friends of Zululand and the environment,

You may by now be aware that the Mtunzini Conservancy appeal against the NEMA authorisation was rejected by the Minister. We are naturally very disappointed at this outcome. We are particularly unhappy  that the Minister – who is after all responsible for protecting the environment – has endorsed a totally inadequate and unfair assessment of alternatives to the mining proposal.  Our legal team believes that this decision is reviewable in a court of law and will now, together with other appellants, act accordingly.

Our complaint about BA is on two fronts: firstly, we were outraged that Tronox could give us no advance notice of the application to conduct a BA instead of a Scoping and EIA, a move that the Department endorsed. As a result we had no opportunity to counter the many inaccurate statements that were used to motivate it. We protested it as soon as it came to our attention, and the Minister, in the course of the appeal decision, has missed the substance of our complaint.

The unfairness is this: we together with all other concerned parties have  through this decision been unfairly denied the opportunity to compel the mine to seek a better mining process that does not destroy the wetlands that are the source of the Siyaya River and the biodiversity that goes with it. We have also been unfairly denied the opportunity to insist on a socio-economic impact study of the effect on the communities of Mtunzini and the surrounding areas of an open cast mineral sand mine immediately next to the town. We have been unfairly denied the opportunity to compel the mine to prove that it can rehabilitate the mined areas and slimes dams as required. As a result, we could have a complete disaster on our hands for many years.

Is there a feasible alternative way in which mining can be conducted without destroying the wetlands that are the source of the Siyaya River and the biodiversity that goes with it? The rehabilitation question remains unanswered. The questions around the socio-economic impact on Mtunzini and surrounds is not answered. Yet the mine is authorised! It is grossly unfair to allow a mine to proceed with so many unanswered questions. All these questions unanswered by the BA process that would have been answered by a full S and EIA. Yet neither the Department nor the Minister appear to have understood this at all.

We believe that we have nonetheless made some good ground over the last three years. But there is still much work to be done. Contrary to what Tronox would like us all to believe, there are other important authorisations that they must still obtain to commence mining. These are water use licences and municipal planning approval.

We have commented strongly on the two water use licences that are required and await the decision of the Department of Water Affairs. Although Tronox have started early works construction, we have written to the Department and they may not legally start mining or building the slimes dams until the water use licences have been issued and any appeals have been resolved.

Also outstanding is the Municipal planning approval for the property right next to town.We believe – as do the majority of residents – that heavy industrial activity, such as an open cast mineral sand mine, would destroy the whole ethos of a town like Mtunzini. We have objected to the recent application and understand that the applicant is “amending” the proposal, whatever that may mean.We have resolved to be fully involved to ensure that proper planning principles are applied to this project for the sake of the town and community. Fortunately, there is an appeal to an independent provincial body if the application should be granted.

As we have said before this is a fight of many rounds and we remain right in the middle of it on a number of fronts.   Participation in all these rounds costs a lot of time and money. To be successful in these final rounds in the defence of our environment we need the broad support of civil society – both moral and financial. These issues of fair process and sensible town planning that are being contested here are precedent setting and will be felt by all of civil society for years to come if allowed to go unchecked by us. We must draw a line in the sand, and say NOT on our watch! NOT on your watch! If we don’t do it, who will? Who will preserve our natural heritage from the worst ravages of mining if we dont?

Thanks to your generosity and support over the past 3 years we are now in a very strong position on the various fronts. Our objection to the decision to conduct a BA now moves out of the political arena, and into the legal arena. It is clear that we must now look for justice and fairness in the judicial review. To stay the course and get fair treatment we again need to call on you for financial support. Please help us continue to make a difference. Please help us stand for our environmental and social rights and donate to our fund.

Ref: Barbara Chedzey.
Chairperson: Mtunzini Conservancy