High Court refuses mining company’s leave to appeal
A strategic water source area already protected by law is protected by the courts.
Sasha Planting / 23 January 2019 00:41
Mining companies have left a heavy imprint on Mpumalanga, a biodiverse region vital to SA's water supply. Civil society is fighting back. Image: Supplied
Yesterday the North Gauteng High Court refused mining company Atha Africa leave to appeal the court’s decision to set aside permissions for a new coal mine inside a declared protected environment.
This is a victory for the eight civil society organisations represented by the Centre for Environmental Rights (CER), which have opposed the mining venture since 2015. At the time, then minister of mineral resources Mosebenzi Zwane and the late minister of environmental affairs, Dr Edna Molewa, granted Atha-Africa Ventures – an Indian-owned mining company – the right to mine coal in an area in Mpumalanga that was declared a Protected Environment in January 2014.
Known as the Mabola Protected Environment, it was declared such by the Mpumalanga provincial government as part of more than 70 000 hectares of protected area in the Mpumalanga grasslands. This followed years of research and planning by a number of government agencies, including the department of environmental affairs, the South African National Biodiversity Institute and the Mpumalanga Tourism & Parks Agency.
In 2016, without public consultation and without notice, the two ministers gave their permission for a large 15-year coal mine to be built inside the Mabola Protected Environment.
This was move was greeted with dismay by South Africa’s green lobby.
The Mabola Protected Environment is situated outside Wakkerstroom in Mpumalanga and falls within what has been classified as one of 22 Strategic Water Source Areas by the South African National Biodiversity Institute, a government body, and the Council for Scientific and Industrial Research (CSIR). Strategic Water Source Areas constitute just 8% of SA’s land but provide more than 50% of our freshwater.
“The organisations opposing this particular mine do so because the proposed mine would be inside a declared protected area and a strategic water source area: with acid mine drainage estimated to require water treatment until 2097, the mine would threaten water security not only in the local area but in the region,” says CER attorney Catherine Horsfield. “The damage that this mine would do to water resources cannot be undone. The organisations that have brought this action are deeply committed to job creation and improving the quality of life of local people, but we also know that instead of bringing wealth and livelihoods, coal mining has devastated the lives, health and well-being of communities across the Highveld.”
In November 2018 the Pretoria High Court set aside the ministers’ approval and referred the decision back to them for reconsideration.
Relying on the decisions of others
The court set aside the decision on the basis that the decision-making process was not transparent, was procedurally unfair (there was no public participation process) and the ministers failed to independently and distinctively apply their minds to the decision, instead relying on the decisions of other decision-makers in relation to other approvals.
In light of the lack of transparency and public participation, the court handed down a punitive costs order against the ministers and the MEC.
Yesterday, the court heard Atha Africa’s application for leave to appeal the November decision to a full bench of the high court. The court refused Atha’s application and awarded costs against it.
The ministers of mineral resources and environmental affairs, as well as the Mpumalanga MEC, had also applied for leave to appeal the court’s decision but withdrew their application yesterday. The court ordered that the state pay the coalition’s wasted legal costs in preparing to oppose that application.
The coalition that brought the court application to set aside permissions for the proposed coal mine comprises the Mining and Environmental Justice Community Network of SA, groundWork, Earthlife Africa Johannesburg, BirdLife SA, the Endangered Wildlife Trust, the Federation for a Sustainable Environment, the Association for Water and Rural Development, and the Bench Marks Foundation.
THE FSE’s COMMENTS ON THE ENVIRONMENTAL IMPACT ASSESSMENT AND ENVIRONMENTAL MANAGEMENT PLAN REPORT BLYVOOR GOLD MINING PROJECT
Find the document attached for download.
FSE’s COMMENTS ON THE ENVIRONMENTAL IMPACT ASSESSMENT REPORT FOR THE PROPOSED BLYVOOR GOLD MINE PROJECT NEAR CARLETONVILLE, WEST RAND, GAUTENG – please see attached.
On Thursday, the 8th of November 2018, the North Gauteng High Court set aside the 2016 decisions of former Mineral Resources Minister Zwane and the late Environmental Affairs Minister Molewa to permit a new coal mine to be developed in the Mabola Protected Environment near Wakkerstroom, Mpumalanga.
The case was brought by the coalition of eight civil society organisations challenging a range of authorisations that have permitted an underground coal mine in a strategic water source area and a protected area.
The Mabola Protected Environment was declared under the Protected Areas Act in 2014 by the Mpumalanga provincial government as part of the declaration of more than 70 000 hectares of protected area in the Mpumalanga grasslands. This followed years of extensive research and planning by a number of government agencies, including the Department of Environmental Affairs, the South African National Biodiversity Institute and the Mpumalanga Tourism & Parks Agency.
In 2016, without public consultation and without notice to the coalition, the two Ministers gave their permission for a large, 15-year coal mine to be built inside the Mabola Protected Environment.
The Court set aside the permission and referred the decision back to the two Ministers for reconsideration on the basis that the Ministers did not take their decisions in an open and transparent manner or in a manner that promoted public participation, and that the decisions were therefore procedurally unfair.
The court criticised the Ministers for relying on the processes followed by other decision-makers instead of exercising their discretion under the Protected Areas Act independently, referring particularly to their failure to apply a cautionary approach when dealing with “sensitive, vulnerable, highly dynamic or stressed ecosystems” as “an impermissible abdication of decision-making authority”.
The court also held that: “a failure to take South Africa’s international responsibilities relation to the environment into account and a failure to take into account that the use and exploitation of non-renewable natural resources must take place in a responsible and equitable manner would not satisfy the ‘higher level of scrutiny’ necessary when considering whether mining activities should be permitted in a protected environment or not. Such failures would constitute a failure by the state of its duties as trustees of vulnerable environment, particularly where it has been stated that ‘most people would agree, when thinking of the tomorrows of unborn people that it is a present moral duty to avoid causing harm to the environment'” (at 11).
The permission for this mine given by Molewa and Zwane was the first in South Africa for a new mine to be permitted in a protected environment. Earthlife Africa, the Mining and Environmental Justice Community Network of South Africa (MEJCON-SA), the Endangered Wildlife Trust, BirdLife South Africa, the Federation for a Sustainable Environment, the Association for Water and Rural Development (AWARD), the Bench Marks Foundation and groundWork, represented by the Centre for Environmental Rights, challenged the late Environmental Affairs’ Minister’s and the former Minerals Minister’s decisions to allow this mine to go ahead.
The court ordered that on reconsideration of the application for permission to mine in the Mabola Protected Environment, the Ministers are directed to:
The High Court expressed its criticism of “a disturbing feature in the conduct of the Ministers” and endorsed the submission made by counsel for the coalition that “ethical environmental governance and behaviour is enhanced simply by exposing it to the glare of public scrunity”. What resulted was “an unjustifiable and unreasonable departure from the PAJA presripts and lead to procedurally unfair administrative action.” The High Court ordered the Ministers and MEC to pay the coalition’s legal costs on an attorney and client (punitive) scale.
“South Africa has long recognised that the grasslands of Mpumalanga, KwaZulu-Natal and Free State are incredibly important to South Africa’s natural heritage. The grasslands are important water sources, and home to a range of production sectors that underpin economic development. In the case of Mabola, the Protected Environment falls inside a strategic water source area which feeds some of South Africa’s biggest rivers,” says Yolan Friedmann, Chief Executive Officer of the Endangered Wildlife Trust. “Moreover, protected areas not only help protect our biodiversity – particularly our incredible wildlife – and important natural ecosystems, but are also a key part of South Africa’s reputation as a global tourist destination.”
Mashile Phalane, spokesperson for the Mining and Environmental Justice Community Network of South Africa (MEJCON-SA) says: “This judgement is a victory for environmental justice. We want to see protected areas actually protected against mining by our government as custodians of the environment on behalf of all South Africans. This custodianship is violated if decisions that have such important consequences are taken behind closed doors. MEJCON-SA is deeply invested in issues of accountability. This judgement reinforces the fundamental importance of fair and transparent decision making.”
Catherine Horsfield, attorney and mining programme head at the Centre for Environmental Rights, welcomed the judgement. “It confirms to government and to all developers proposing heavily polluting projects in environmentally sensitive areas in South Africa that exceptional circumstances must be shown to exist to justify that proposed development. South Africa is a water-stressed country, and the Mabola Protected Environment, where the coal mine would be located, has particular hydrological significance for the country as a whole.
“The judgement also confirms the foundational principles of our law that went awry when the Ministers made their decisions to permit mining here. These are that no decision of this magnitude can be made unless a fair, proper and transparent decision making process has been followed.”
THE NEMPAA JUDGEMENT IS ATTACHED FOR DOWNLOAD.
Draft report of the Portfolio Committee on Mineral Resources on its oversight visit North West and Gauteng on the 13 – 14 September 2018.
Find the pdf attached for download.
The SAHRC launched its Report on the National Hearing on the Underlying Socio-economic Challenges of Mining-affected Communities in South Africa on the 22nd of August 2018.
The FSE participated in the Hearing and many of its issues of concern are addressed in the Report.
The Report may be opened here as a PDF document.
Liquidation leaves a R330-million environmental mess for Gauteng residents, government and other mining companies to clean up. Mark Olalde investigates
By Charlotte Mathews -
July 27, 2018
Mine dump near Soweto
ALL West Wits really wants is “a fair go” at mining responsibly, chairman Michael Quinert said on Thursday.
He was addressing a media briefing to “bust some myths” that have arisen in local media about the ASX-listed group’s plans to mine for gold from open pits and underground near the suburbs of Florida in Roodepoort and Meadowlands East in Soweto.
This is a very degraded area – a “moonscape”, in Quinlan’s own words – as a result of past mining. West Wits’ 6,000 hectare site is surrounded by old dumps which are tainting air and water and overrun by illegal miners or zama-zamas.
The legacy of Mintails, another ASX-listed company that treated dumps near Krugersdorp and Randfontein, lingers in popular memory. Mintails was put into business rescue about three years ago, with huge unfunded environmental liabilities.
Communities are opposed to West Wits’ plans because of the legacy they are experiencing from past gold mining, Mariette Liefferink, CEO of the Federation for a Sustainable Environment (FSE) and a well-known local environmental activist, said.
“Mintails left behind massive open pits with no fences or warning signs. Communities are no longer under-educated about the impact of mining and they have seen no medium to longer term benefits, only that future generations will inherit an irreparably destroyed ecosystem, acid mine drainage and dust from tailings storage dams,” she said.
Quinert said West Wits’ assets were never owned by Mintails.
The only connection between the companies was that Mintails held a stake in West Wits which was sold about a decade ago. Although it has no interest in taking over Mintails’ assets as dump processing is not its strategy, West Wits has an interest with other businesses in the area in addressing the problem of the dumps around its site and is making constructive suggestions on how to address it.
West Wits believes by mining responsibly it can help to clean up the area by extracting the near-surface gold that is attracting artisanals and then sealing up the shafts that they are using to go underground.
But some locals have argued that West Wits’ plans are threatening the livelihood of the zama-zamas and it would be a better solution to legalise them and allow them to mine on this site – or at least employ them.
Quinert strongly disagreed.
He said although the zama-zamas were good at finding the reef, they operated in a lawless universe, working hard and drinking hard, which did not make them ideal employees. “We do not believe they are good for the economy. They are too difficult to licence and regulate,” he said.
West Wits is targeting a resource of about 3.7 million ounces showing an average grade of 3.6g/t to a cut-off depth of 400 metres. It plans to extract gold from various open pits, each with a life of six to eight months before it will be re-filled, for the first five years and then move underground from years six to 30. Profits from open pit mining will be used to fund underground development.
Although West Wits is being blamed for blasting in the area, this is coming from a dynamite factory nearby and some artisanal activity, Quinert said. Open pit mining will not entail any blasting. West Wits will use a new technology called an Xcentric Ripper, which is attached to an excavator, and is about 30% quieter than a rock hammer.
At this stage it is likely to blast once it goes underground in year six, if it cannot use the Ripper, but he expects those blasts will be too deep to be felt in surrounding residential areas.
There will be no crushing or processing on site. West Wits will use the spare processing capacity in the area owned by companies like Sibanye. It will truck its ore to the processors and is working with property developers to take ore roads away from houses. There will be no tailings dam on this site.
In its submission, the FSE suggested the most practicable solution would not be more open pit or deep underground mining, which creates risks for surrounding communities, but reclamation of the tailings storage facilities that belong to Mintails.
DESCRIPTION OF THE PRESENT ECOLOGICAL STATUS OF THE RIVERS AND DAMS WITHIN THE CROCODILE WEST/LIMPOPO WATER MANAGEMENT AREA
The Reserve, which has priority over other water uses, provides for two components; (1) basic human needs, ensuring that the essential needs of individuals served by the water resource directly are provided for; and (2) the ecological reserve ensuring that the water required to protect aquatic ecosystems of the water resources is provide for. Providing for the ecological water requirements is a legal priority. Implementation of the Ecological Reserve is expected to result in serious deficits in the Crocodile West/Limpopo Water Management Area.
The overall present ecological status of this Water Management Area is a D/E category due to industrial (including current mining activities), domestic and commercial effluents, sewage, dysfunctional Waste Water Treatment Works’ (WWTWs), agricultural run-off and litter, over-abstraction of groundwater and eutrophication problems. Much of the area has low rainfall with significant inter-dependencies for water resources between catchments and with neighbouring Water Management Areas, e.g. the Vaal.
A large part of future potential mining is in areas of water scarcity. In some areas water is already ‘flowing’ from agriculture to mining. The biggest impact of mines is on water quality -a threat to the resource that cannot be brushed away.
The DWS’ Report on the Classification of Significant Water Resources in the Crocodile (West) Marico WMA and Matlabas and Mokolo Catchments: Limpopo WMA and the DWS’ Business Case for the Limpopo CMA (September 2013) show a dramatic increase in water demands in this Area as a result of:
Many of the rivers in this Water Management Area host important wetland systems, freshwater ecosystem priority areas and are important for water supply and biodiversity.
Poor water quality does not only affect associated sediments and aquatic life, but has an effect on terrestrial ecosystems and the economy as well. Polluted water may also pose health threats to recreational and domestic water.
Quantity of water is inextricably linked to water quality. Polluted water is not treated at source but is allowed to flow into rivers. South Africa is a water poor country with only 8.6% of its rainfall being available as surface water. There is therefore no opportunity for the dilution of polluted water.
The DWS developed the National Water and Sanitation Master Plan, the classification of water resources, the determination of Resource Quality Objectives and the determination of the Reserve for the major water management areas such as the Crocodile West/Limpopo and Vaal Water Management Areas, the National Water and Sanitation Water Quality Strategy and Policy, the Mine Water Management Policy, etc. All these plans, strategies and policies exist in vain if they are not delivered through action and through the recognition that “you cannot drink paper plans”.
PRESENT ECOLOGICAL STATUS OF THE MOKOLO, MATLABAS, CROCODILE (WEST) AND MARICO CATCHMENTS IN THE LIMPOPO NORTH WEST WATER MANAGEMENT AREA
Upper Hennops and Rietvlei Rivers to inflow to Rietvlei Dam
This is a threatened system. It includes wetland freshwater ecosystem priority areas, pans, peatlands and valley bottom wetlands. The present ecological status of the river is a D/E category due to urbanisation, return flows and poor water quality. The river reach is significantly impacted by agricultural activities, industrial and urban effluent discharges.
The aquifer is highly impacted by land based activities and pollution.
This dam supplies Tshwane with raw water. Water quality impacts remain a threat to the system. Flow into the dam is supported by Waste Water Treatment Works (WWTW) discharges. The dam is located within the Rietvlei Nature reserve, which is an important protected area. The Rietvlei wetland system is situated immediately upstream of the Rietvlei Dam within the Rietvlei Dam Nature Reserve. The wetland is a peatland.
Hennops River from outflow Rietvlei Dam to the A21B catchment (including Sesmylspruit, Kaalspruit and Olifantspruit tributaries)
This system is degraded owing to upstream waste water treatment works (WWTW). Includes the Sesmylspruit, Kaalspruit and Olifantspruit tributaries. The present ecological status of the river is a D/E category due to urbanisation, return flows and poor water quality.
Upper Pienaars River, Edendalespruit and Moretlele Rivers to Roodeplaat Dam
This system supports the supply of water to Roodeplaat Dam. Abstraction by Magalies Water indirectly tunnel (used by Tshwane). This system is degraded owing to upstream waste water treatment works (WWTW). The present ecological status of the river is a E category due to urbanisation, return flows and poor water quality. FEPA wetlands are present. The system is overall degraded with a present
This dam is eutrophic with algal blooms impacting on the taste of the water. The dam is depended upon for the supply of raw water. It is a conservation area, and supports a wide range of recreational activities (international training for canoeists during summer). Toxic algal blooms are present. Severely impacted by WWTWs discharges, urbanisation and industrial effluent.
Upper and middle reaches of Apies River, Skinnerspruit, Pienaars River from outflow Roodeplaat Dam to Boekenhoutpruit confluence, Roodeplaatspruit, Boekenhoutspruit
The upper parts of the catchment are impacted by urbanization, irrigation runoff and WWTWs. The Ecological Importance and Sensitivity (EIS) is high.
Jukskei, Klein Jukskei, Modderfonteinspruit
It includes the headwaters of Jukskei. WWTWs located both upstream and downstream of these systems which includes the transfers for Mokolo (Lephalale). The systems are highly impacted from nutrient input thus threatening the biotic integrity of the systems. Serious water quality problems exist as the river is severely impacted by WWTWs discharges (from nine WWTWs), urbanisation and industrial effluent. The present ecological status is an E category.
Upper reaches of Crocodile River and Bloubank Spruit
This is the headwaters of the Crocodile River. Tourism activities are high. Water users include agriculture. The serious threat to the system is mining and the high salinity from the neutralised AMD from the western basin. The Tweelopiespruit flows into the Bloubankspruit and forms part of the Krugersdorp Game Reserve and the Cradle of Humankind World Heritage Site. The groundwater is heavily impacted by historic mine dewatering and historic discharges of acid mine drainage (AMD) into Tweelopiespruit and further downstream. Percy Stewart and Randfontein WWTWs discharge into this river system.
Radioactive pollution has been identified. There is also excessive sedimentation of the rivers, and aquatic weed infestation.
IUA 3 – Crocodile/Rooodekopjes
Crocodile River from outflow Hartebeespoort Dam to inflow Roodekopjes Dam, Rosespruit, Ramogatla and Kareespruit
The water resources are in a degraded state owing to the changes in the flow regime as a result of the Hartebeestpoort Dam just upstream. Madibeng and Magalies Water are dependent on this reach for water supply for consumers. The Rosespruit and Kareespruit are have water quality impacts (degradation due to mining impacts, informal settlements, irrigation return flows, industrial, chrome smelters). There are impacts from the Brits area as well. Hyacinth growth observed in the Crocodile river below Brits. Encroachment and sedimentation is extensive.
Dam is a source of domestic water supply (25% allocated to Magalies water – transfer to Vaalkop via canal). T Impacted by surrounding activities (irrigation, mining and industrial).
Sterkstroom from outflow Buffelspoort Dam to inflow Roodekopjes Dam, Maretwane, Tshukutswe
Area forms part of the Magaliesberg Biosphere Reserve. Resources are impacted by mining activities, settlements along the river and WWTWs discharges.
Some water quality impacts are present in the dam.
Hex River outflow Olifantsnek Dam to inflow Bospoort Dam, Sandspruit
The water resources of the Hex River have been degraded due to the Olifanstsnek, Bospoort and Vaalkop Dams situated on the river. Rustenburg and extensive mining and agriculture in the middle reaches of the catchment further impacts on the water resources, both quality and quantity. Further impacts include urbanisation, irrigation return flows and discharges from WWTWs.
Poor water quality currently present in the dam.
Hex River outflow Bospoort Dam to inflow Vaalkop Dam
The water resources of the Hex River have been degraded due to the Olifantsnek, Bospoort and Vaalkop Dams situated on the river, as well as upstream impacts. This reach includes localised subsistence use, game farms and domestic water supply. High conductivity observed. Impacts also due to settlements along river.
Magalies Water has requested more releases from Bospoort and Olifantsnek Dam to improve water quality in Vaalkop dam. Need to improve drinking water quality. Water quality is impacted due to industrial pollution, return flows, mining impacts, nutriennts (eutrophication).
Upper reaches of Elands to Swartruggens Dam
Some sedimentation due to slate mining. Flow impacts present and poor sanitation is also impact on river system.
Elands river downstream Swartruggens Dam to Lindleyspoort Dam
This reach of the Elands River is located below dam. The reach is impacted upon by the WWTWs, urban activities, and diamond mining. Water quality deterioration is observed.
The upstream impacts include WWTWs.
Upper Koster to Koster Dam, Rooikloofspruit
Impacts include WWTWs, intensive cattle and poultry farming and unauthorised abstraction.
Elands River outflow Lindleyspoort Dam to inflow Vaalkop Dam, Brakkloofspruit, Roosspruit, Sandspruit Mankwe. Leragane, Molapongwamongana
The Mankwe tributary is protected in the Plianesburg National Park. These rivers are however surrounded by mining activities on Leragane (impacted). Tanneries are present in the town. WWTWs discharges impact on water quality.
Upper Klein Marico to inflow Klein Maricopoort dam, Rhenosterfonteinspruit, Malmanieloop, Kareespruit
Impacts on Kareespruit from WWTW, irrigation and over abstraction. Mining activities are present. Groundwater: Significantly impacted by bulk groundwater abstractions for municipal supplies; thus quantity and due to agricultural activities, quality may become an issue in future.
Klein Maricopoort Dam
Water quality impacts present.
Klein Marico downstream Klein Maricopoort Dam to Kromellenboog Dam, Wilgeboomspruit
Impacts include irrigation and over abstraction. Poor water quality due to irrigation return flows.
Dam is impacted by upstream siltation, erosion, and nutrients.
Groot Marico, Polkadraaispruit
There is mine prospecting activities in the area and some settlements forming part of the town of Marico, agricultural activities present. Water quality is impacted in the lower reaches of the Marico river.
Marico Eye, Kaaloog-se-Loop, Bokkraal-se-Loop, Ribbokfontein-se-Loop, Rietspruit (southern eye), Kuilsfontein, Syferfontein and Bronkhorstfontein
Groundwater: Large abstractions for mining, agriculture and municipal supplies - current problems with high groundwater level recession rates in the Lichtenburg Area. There are some sedimentation impacts due to mining in the area. Mine prospecting is also underway.
Malmanie Eye, Dolomites
Groundwater: Huge impact on groundwater sustainability due to growing demand for municipal and
Bodibe Eye (Polfonteinspruit and Lotlhakane tributary catchment area)
High groundwater abstraction in the area resulting in a decrease in groundwater which has further resulted in spontaneous combustion underground and the peatland oxidised and been burning for several years now, resulting in a loss of the peatland, and poses a health and safety hazard for people and livestock. Impacts include urban and settlement activities and cement mining. Serious depletion of groundwater levels in this area (~25m) due to over-utilisation. Large eyes (springs) already impacted and dry.
Molopo Eye, Grootfontein Eye, Molopo headwaters to inflow Modimola dam
Impacts include a cement factory and urban development (Mahikeng). Groundwater resources and wetlands are priority (unchannelled valleybottom wetlands and peatlands). The Molopo eye is a peatland and important for water supply and biodiversity support. Grootfontein aquifer not productive anymore, and all Mahikeng's water is sourced from Molopo's Eye, thus it is vital that the flow is maintained. Recreational activity in the area is also impacting on the eye.
Molopo River mainstem only from Modimola Dam to Disaneng Dam
Highly impact from urban settlement in Mahikeng which has resulted in a E present ecological status category. Serious problem with water pollution in Mahikeng and catchment of the Modimole Dam (WWTWs). Important wetland systems are present in this reach.
Setumo (Modimola) Dam
The WWTWs of Mahikeng is located just upstream of the dam which is impacting on the dam water quality. Poor water quality.
Discharge from Dinaseng for downstream trans-boundary use (into Botswana) is important.
Dinokana Eye/Ngotwane Dam
Upper Nogotwane, Donokana Eye
Two important wetland systems occur namely the Dinokana eye and Ngotwana wetland (high biodiversity wetland in semi-arid climate with its source in Botswana) which both supply water for livelihood support for people, livestock and wildlife. Groundwater priority area. Groundwater related subsistence use. Water balance in this area is a concern as this is a sole-aquifer system for Dinokana and Zeerust. Water level of eye has dropped due to over abstraction.
Limited irrigation and supports downstream domestic water supply for villages. Dam is impacted from WWTWs discharge from Botswana. Water quality is a threat.
Groot Marico/ Molatedi Dam
Groot Marico from outflow Marico Bosveld Dam to Molatedi Dam, all tributaries
The land area is degraded due to over grazing and development. Smaller dams are present on the tributaries supplying water to local communities (Pella Dam, Madikwe, Sehujane Dam). Water quality must be protected.
Releases are made in respect of meeting the international obligations with Botswana and for downstream
Groot Marico/ Seasonal tributaries
Groot Marico mainstem, outflow Molatedi Dam, Rasweu, Maselaje rivers
Impacts are primarily as a result of the Molatedi Dam upstream and the release pattern from the Tswasa Weir for irrigation purposes. Tributaries are mostly dry, recently there has been no releases made for Botswana. Riparian zone is heavily grazed. High sedimentation following rainfall events due to heavy erosion and overgrazing.
Wilgespruit, Bofule, Kolobeng, Magoditshane, Motlhabe
Area is very important from an ecotourism point of view (includes the Pilansberg National Park). The water quality is degraded due to mining activities, town development and irrigation in the catchment. Severe water quality impacts on the some of the tributaries, viz. Mothlabe and Wilgespruit. Water quality must be addressed.
Bierspruit outflow Bierspruit Dam to confluence with the Crocodile River, Brakspruit, Phufane, Sefatlhane, Lesobeng, lower reach Bofule
The water quality is degraded due to platinum mining, town development (sewage effluent), irrigation
Crocodile River outflow Roodekopjes Dam to upstream Sand River confluence, Sleepfonteinspruit, Klipspruit tributaries
Return flows are a major impact on the system.
Proximity of mines to the aquifers could lead to dewatering of the aquifer.
Sand River to confluence with the Crocodile River to Bierspruit confluence, Sondags, Vaalwaterspruit
Irrigation return flows are a major impact.
Lower Crocodile from Bierspruit confluence to the Botswana border (Limpopo River)
The Thabazimbi WWTW discharges impacts on the water quality of the Crocodile River.
There are also mining activities in the area.
Apies River, Tshwane tributary
Water quality issues are prevalent, due to localised and upstream urban impacts.
Pienaars River from Boekenshout confluence to Apies River confluence
Magalies Water abstracts water for domestic supply on Boekenshoutspruit (klipdrift). The area includes sprawling peri-urban villages. Land use impacts include catlle in river habitat, and impacts from solid waste and sewage effluent. Important resource for the adjacent community.
Moretele (Pienaars) River from Plat River confluence to Klipvoor Dam, Kutswane to Klipvoor Dam
Water quality impacts are primarily a result of urbanization, specifically deterioration in water quality due to WWTWs discharges.
Currently too much water is released from the Rietgat WWTW.
Pienaars River from Klipvoor Dam to Crocodile Riverconfluence, Tolwane tributary
The rivers are impacted by urban development and irrigated agriculture. The Tolwane river is significantly impacted. The rivers are impacted by high nutrient levels and eutrophication is evident. Extensive sand mining is also occurring in the area (largely unauthorised).
Moloko River , Sand River and Klein Sand, Brakspruit, Sondagsloop, Heuningspruit, Dwars, Jim se loop tributaries
The main impact on the water resource is irrigation return flows, WWTWs discharge from town and piggeries. The area is important as it plays a role as a corridor for fish (FEPA rivers). Important fish include CPRE, AURA and AMOS (flow dependent and water quality dependent fish species). Extensive wetland systems occur in the Sand River catchment which form important habitat for Blue Cranes. Important valley bottom and hillslope wetlands present forming part of the Waterberg system (unique combination of flora and faunal associations).
Mokolo River to inflow Mokolo Dam, Taaibosspruit, Malmanies and Bulspruit tributaries
Water quality issues present due to septic tanks used by the game lodges.
Grootspruit and Sandspruit tributaries (Mokolo headwater catchment)
The main impact on the water resource is irrigation return flows and WWTWs discharge from town of Alma. Extensive wetland systems occur in the area coupled with the area being a fish support area. Important habitat for Blue Cranes (which have been identified within the Sand River catchment).
Catchment area includes the Medupi and Matimba power stations, Grootegeluk coal mine, Maropong and Lephalale towns. Impacts on this system include coal mining, the power stations, coal bed methane extraction, impacts from the towns as well as agriculture. Water quality impacts are a concern, with deterioration observed. Serious impacts of local groundwater resources due to dewatering and future acid mine drainage discharges.
Mokolo mainstem - Mokolo from below EWR3 to the Tamboti confluence
Major sand mining is occurring within the Mokolo mainstem catchment. This has resulted in siltation and loosening of substrate.
Mokolo mainstem - from Tamboti confluence to Limpopo
Abstraction activities is high in this mainstem with sand mining being a considerable issue in the Lepahlale area.
This area has been earmarked for future coal mining developments. FEPA wetlands are present. Migratory corridor to the Limpopo for the bird species. There is the Matlabas peatland/mire and valleybottom wetlands present.
Catchment area including Steenbokpan
The Steenbokpan area has been earmarked for future coal mining in this area.
 The catchment areas lie predominately within the North West Province and include the northern part of Gauteng as well as the south-western portion of the Limpopo Province. Towards the north west the area borders on Botswana. The main river systems within the catchment (Crocodile, Marico, Mokolo and Matlabas rivers) flow northwards to join the Limpopo River. Major tributary systems include the Pienaars, Apies, Moretele, Hennops, Jukskei, Magalies, Elands, Klein Marico, Molopo, and Ngotwane rivers.
The Pilanesburg Nature Reserve, the Cradle of Humankind Heritage Site, the Marakele Nature Reserve, the Bafokeng Tribal area, the dolomitic wetland or eye systems and large dams such as the Hartbeespoort, Vaalkop, Roodekopjes, Klipvoor, Roodeplaat, Molatedi and Mokolo Dams are all very important features in the catchment area. The Pilanesburg Nature Reserve, the Cradle of Humankind Heritage Site and Hartbeespoort Dam are key tourist attractions in South Africa.
 A D-Category indicates a largely modified river system and an E category indicates a seriously modified resource.
 Reference: Determination of Resource Quality Objectives in the Mokolo, Matlabas, Crocodile (West) And Marico Catchments in the Limpopo North West Water Management Area (WMA 01) Resource Quality Objectives And Numerical Limits Report Report No.: RDM/WMA01/00/CON/RQO/0516. 2016.
FSE's SUBMISSION PURSUANT TO THE MINUTES OF THE FPR AND NEMLA BILL STAKEHOLDER MEETING HELD ON 24 MAY 2018
We refer to the Minutes of the Stakeholder Meeting which was held on the 24May 2018 pertaining to the proposed FPR and NEMLA Bill.
The following article has relevance to the FPR and NEMLA Bill.
The article may be opened here as a PDF document.
Financial Provisioning Regulations: Intergovernmental and Stakeholder meeting on the NEMLA Bill and proposed amendments to the Financial Provisioning Regulations
The Minutes may be opened as a PDF document.
The Academy of Science of South Africa (ASSAf) and the German National Academy of Sciences Leopoldina have published the Proceedings Report for the Science-Business-Society Dialogue Conference II.
The conference titled “Linking Science, Society, Business and Policy for the Sustainable Use of Abandoned Mines in the Southern African Development Community (SADC) Region” was held from 28 – 30 November 2017 at Indaba Hotel in Johannesburg, South Africa.
The Federation for a Sustainable Environment (FSE) participated in the Conference and delivered a presentation titled “Mining-Affected Communities: Risks, Expectations and Opportunities” on the third day of the Conference. The FSE is a signatory to the attached statement.
Article written by Sheree Bega | 5 January 2021Costly cleanup: Mine waste water ...
FSE - DONATION OF TREES AND TREE PLANTING IN SIMUNYE, WEST RAND IN ASSOCIATION WITH SOUTH DEEP MINE
The FSE, in association with Gold Fields’ South Deep Mine, donated 40 white Karee Trees (Searsia penduline) during Arbor Week to the mining affected community of Simunye in the West Rand and participated in the tree planting ceremony with the community of Simunye, the local Municipality and officials from South Deep Mine. The FSE also delivered a presentation during the ceremony.
Article also available for download as an attachment.
Millions of South Africans are exposed to radioactive radon gas in their homes and workplaces every day, as the naturally occurring gas escapes through cracks in the earth. The second leading cause of lung cancer in several countries, radon breaks down and when inhaled, decaying atoms emit alpha radiation that can damage the DNA. There are no safe levels of radon concentration. The United States Environmental Protection Agency emphasises any radon exposure has some risk of causing lung cancer. Carte Blanche investigates why South Africa has no regulations to protect against radon accumulation in the home and what you can do to test your home and prevent lung cancer. Watch the video here.
Economics & Finance Courses at the University of the Witwatersrand. Mining for Development: The Taxation Linkage - Understand taxation for development and sustainability in mining. View the course here. Enrolment starts on the 7th of October 2019.
FSE’s presentation to the Water and Sanitation Sector Leadership Group’s (WSSLG)* Sustainable Development Goal 6 Task Team on Thursday, the 26th of November 2020.
*The Water and Sanitation Sector Leadership Group (WSSLG) is the highest non-statutory strategic sector partnership forum for the South African water sector. The WSSLG serves as a think tank for the water sector and prepares an overarching national action agenda for implementing the National Water and Sanitation Resource Strategy 2 (NWSRS2) and ensures that sound policies, laws, strategies, programmes and institutions are developed to achieve the goals outlined in the NWRS2. The WSSLG also actively facilitates dialogue between the Department of Water and Sanitation, government departments, civil society and the private sector for input, support and contributions to joint strategic and coordinated actions to improve the implementation of water sector policies, strategies and programmes. In its advisory role, the WSSLG provides recommendations on policies, legislation, programmes and strategies and serves as credible forum for stakeholder consultation and involvement in the development of sector policies, legislation, programmes and strategies. Presentation attached for download.
Article in North Star - Vereeniging & Midvaal.Author: Johann Tempelhoff Art...
PDF article attached for download....