FOR IMMEDIATE RELEASE|22 August 2024
Mining Affected Communities United in Action (MACUA) and the Women Affected by Mining United in Action (WAMUA) wish to categorically denounce and reject the growing practise of mining corporations who have resorted to using the legal system to silence impoverished communities who are directly impacted by the operations of these mining corporations.
On 19 August, Tharisa Minerals obtained an interim interdict against Aubrey Thobejane, a MACUA branch coordinator at Mmadithlokwa community in the North West. This is after the same mine previously brought a similar interdict against other community activists. Essentially comrade Thobejane, and by extension the communities seeking accountability from Tharisa Minerals, are interdicted from, among other things, attending or gathering at Tharisa Minerals’ premises.
Comrade Thobejane, along with MACUA-WAMUA and our legal partners, will be appearing at the North West High Court in Mahikeng on the 27th of August to oppose the efforts by the mine to silence the legitimate voices of the community. This interdict follows a protest by the communities of Mmaditlhokwa, Maoumong, Lapologang and Marikana, organised a week earlier, on 13 August. The communities had gathered to protest against Tharisa Minerals’ continued violation of the human rights of the surrounding communities.
The communities are calling for Tharisa Mine to take responsibility for dangerous blasting which terrorises the community, as well as the water contamination and air pollution resulting from its activities. The communities demand that there should be proper water quality monitoring, effective dust suppression and prompt remediation of any environmental damage to protect their health and livelihoods. The communities also demand that Tharisa Minerals must respect their right to Free, Prior and Informed Consent, ensuring that their voices are heard, and their concerns are addressed before any further mining activities or expansions occur. The lack of consultation on the mine’s Social Labour Plan (SLP) compliance has also been raised, with the community insisting on clear and effective communication on all matters impacting their lives.
On the day of the protest, MACUA-WAMUA was invited by a commercial radio station in North-West province to speak about the challenges of the communities at the hands of Tharisa Mine. Thobejane, being the branch coordinator, participated in the radio interview. The resilience of the communities on the ground to claim their rights as enshrined in the Constitution prompted Tharisa Minerals to go to the extreme length to protect their image and to deny the rights of the community, by seeking to purge and isolate leaders like Aubrey
Thobejane, in the hope that it will silence the communities. The attempts by Tharisa Minerals to subvert our democratic right to Freedom of Expression and Equality shows that the mine has no interest in engaging communities and owning up to the mess they have made. This is a blatantly despotic and oppressive step as the communities are the ones living in unbearable and unhealthy conditions caused by the mine.
Unfortunately, this is not the first time what we have observed a mining company try to use the courts to silence communities. On the 22 July, Harmony Target Mine in the Free State took a drastic step to avoid addressing community concerns by filing an interdict against MACUA, WAMUA and the Youth Affected by Mining United in Action (YAMUA).
Instead of engaging with the communities on the pressing issues surrounding the Voelpan dam and its toxic flooding of the communities’ homes, Harmony Target Mine chose to silence their voices through legal action. The interdict by Harmony Mine was brought after a series of protests where the communities, including those from Virginia, Meloding, Bronville, Hanipark, Thabong, Heinemann and Nyakallong, mobilised to demand accountability for the environmental and health crises caused by the mine. The filing of the interdict was a blatant attempt to block the communities’ right to protest and to seek redress, highlighting the mine’s persistent arrogance and refusal to address the severe impact of the flooding of the Voelpan Tailings Dam. Despite the mine’s efforts to suppress their voices, the communities remain united in their call for justice and accountability.
The repeated use of courts to crush resistance reflects the heavy handedness of companies when dealing with affected communities. Tharisa Mine and Harmony Target Mine, among others, have misused the courts to file interdicts against peaceful protests, claiming urgent relief in a bid to silence community voices. These interdicts portray the communities as violent and disruptive protestors while this is far from truth. Instead, it is the mining companies who encroach and violate the rights of marginalised communities without any remorse. Mining companies would rather use their resources to fight communities in court than address the real and harmful impacts of their operations. The constant legal pressure serves to drain community resources and discourage activism, all while the destructive mining activities continue unchecked.
MACUA-WAMUA strongly condemn this abhorrent behaviour from mining companies like Tharisa Minerals and Harmony Target Mine. Communities have the right to protest, speak out and defend their rights. The courts must protect these rights instead of being used as purging instruments to silence the powerless. We must all stand together to ensure that the courts serve justice for all, not just for the powerful.
For media enquiries, please contact: MACUA-WAMUA communications and media manager, Magnificent Mndebele: Magnificent.Mndebele@macua.org.za/ 064 785 9746