Question NW3673 to the Minister of Mineral Resources and Energy
25 November 2022 - NW3673
Madokwe, Ms P to ask the Minister of Mineral Resources and Energy
(1)What are the reasons that his department did not use the same energy it is using on the Shell Wild Coast matter and lodge as many appeals as possible having understood the complexities and possible dangers associated with mining tailing dumps; (2) whether he has found that the Jagersfontein incident could have been avoided had his department taken heed of the cries of the community in relation to the activities occurring in the mine and appealed the court’s ruling; if not, what is the position in this regard; if so, what are the relevant details?
Reply:
The Minister took Office in 2018, almost 11 years after the Free State High Court pronounced that his department cannot exercise jurisdiction under the MPRDA in relation to the tailings dumps in question. Given the lapse of time and considering that the ruling prompted the legislature to consider amending the MPRDA to remedy the legislative lacuna as far back as 2013 when it adopted the MPRDA Amendment Bill of 2013, there are at this stage no prospects of successfully appealing the judgment.