NKOMATI ANTHRACITE (PTY) LIMITED - Sentula Mining

Environmental Impact Assessment Report: Nkomati Anthracite (Pty) Limited, Madadeni Opencast
Mining Project Page 46
Since only two written comments were received following the advertisement and the fact that for
various reasons (including safety concerns as a result of community faction fighting and lack of
suitable facilities) it proved extremely difficult to facilitate mass meetings, on the advice of and in
discussion with its independent environmental consultant, the mine decided that it would be preferable
and more effective and productive directly to engage the Chief of Mawewe ("the Chief") through her
Tribal Council and local traditional structures in order to effectively communicate with the local
community. Engagement of the Chief was regarded by the mine as particularly important as the area
falls within her jurisdiction.
It should be noted that the engagement with the Mawewe community was in addition to consultation
with other stakeholders as described below.
Various meetings were held between the mine (represented by mine management which in turn was
assisted by its attorneys, Cliffe Dekker Hofmeyr, the Chief, members of her Tribal Council, her
advisors (headed by Roux Shabangu), her lawyers (Gideon Pretorius Incorporated) as well as senior
members of the Department of Co-operative Governance and Traditional Affairs ("COGTA") during
the remainder of 2009 and the early parts of 2010.
As noted from, amongst other things commercial, social and environmental issues were discussed
with the Chief at various meetings during 2009 and 2010. In essence, the Mawewe community
sought shareholding in the mine.
These meetings were often delayed because the Chief regularly had to report back to the community
and arrange mass meetings over weekends in order to effectively communicate every step that was
taken in the negotiations with the community. The mine and its representatives and environmental
consultant were not privy to those meetings.
Following upon much negotiation, an agreement was signed on 31 May 2010 by the mine with the
Mawewe Royal family and the Community Trust in terms of which, amongst other things, the mine
purchased the right to occupy a piece of unsurveyed state land for the purpose of starting a new
opencast section.
Consultation with other stakeholders
In addition to the Mawewe tribal authorities, various meetings with other community stakeholders
were also held during or about 2009 and 2010. These stakeholders included the Sibanga community,
COGTA, the Department, the Shinyokane farmers, the Mangweni Action Committee ("MAC") and the
Akwandze and Cane Growers Association.
In the main, the requests and comments raised by those stakeholders included the following:
• A request for clarity on procedures followed for geological drilling and damage arising was
sought;
• A failure to follow procedural requirements;
• Dissatisfaction with the establishment of the community trust;
• Further requests for shareholding and other benefits attaching to the mine;
• Requests for compensation following drilling on land;
• A request to be allowed to make use of the mine's weigh bridge;
• The impact of dust on crop quality;
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