Court decides on mining

2010-08-24 15:23

kalahari.com

  • Environment
    This volume of "The New Encyclopedia of Southern Culture" surveys the dynamic environmental forces... Now R886.00
    buy now
Cape Town - The Western Cape Provincial government has welcomed the ruling by the Western Cape High Court, interdicting Maccsand from mining, despite the company having obtained mining rights from the national department of mineral resources.

"This judgment by our independent judiciary confirms the need to always operate within the framework of our Constitution and the rule of law," MEC for environmental affairs and development planning, Anton Bredell, told News24.

"This particular ruling clarifies why it is important for us as the custodians of legislation and more specifically as the administration voted into power by the people of the province, to make informed decisions which acknowledge and consider all legislative frameworks," he added.

The dispute centred on the responsibilities of national versus municipal government and instructs a national minister to consider all aspects before he can issue a mining permit, Bredell said.

Precedent


"We will respect the judgment. We're taking the advice of our senior counsel regarding an appeal," mining company Maccsand's Ganief Daries told News24.

He said that as far as they were concerned, there was a lapse in the interpretation of the law and how the different spheres of government should exercise their responsibilities.

"I won't be surprised if they (Maccsand) are going to appeal. That's going to be another huge fight," said Bredell.

Head of the department, Rudi Ellis, said that companies who have received a permit will have to apply to mine, but didn't know exactly how many mines were operating, or intended to operate in the province.

"We will have to look at where these activities are taking place and they will now have to apply," said Ellis.

Daries was less positive about mining in the province.

"It (the judgment) sets a huge precedent. There are over 200 mines in the Western Cape and I don't know what's going to happen with the industry. Things are very unclear to us now," he said.

Unaware

The province has the capacity to monitor illegal activity, said Dr Eshaam Palmer, head of the green scorpions.

"We have the capacity to monitor illegal mining activities," said Palmer. "The compliance from companies is generally good. Of the 200 complaints we receive per year, about 50% of transgressors comply; 40 require a warning letter and about three land up in court," he added.

Palmer said that in most cases, non-compliance with environmental impact was due to companies being unaware of what the standards were.

The cost of the judgment will have a significant impact of Maccsand's bottom line, though.

"It's humongous, it's huge. But we will respect the judgment," said Daries.


- Follow Duncan on Twitter
 
- News24
Read more on:    environment  |  mining
NEXT ON NEWS24X
SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
1 comment
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/News
 

7 tips for the ultimate family camping trip

Taking the kids on a camping trip can be one of the most memorable holidays they will ever have!

 
 

Where were you when you last felt alive?

BASE jump off the world’s tallest building!
Stand up paddler rides over shark!
Bear Grylls’ top 10 things kids should do outdoors
You HAVE to see this MTB Tsunami Fip!

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

Deal of the week!

20% off Afrikaans books, music and DVDs. Offer valid while stocks last. Shop now!

Save up to R1000 on Hisense smartphones!

View the large range of Hisense smartphones. Buy today and save up to R1000!

Hot gaming titles – available for pre-order!

Call of Duty: Advanced Warfare Day Zero Edition, Far Cry 4, Grand Theft Auto 5 and more. Pre-order now!

Get a free eBook

Buy 3 eBooks and get the cheapest FREE. Offer valid while stocks last. Shop now!

Bargain box – 60% off

Reduced prices, very limited stock. While stocks last. Hurry and shop now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

Pushing too hard and doing too much may have left you feeling drained and overwhelmed. You may need time out to recharge and reset...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.