Question NW3125 to the Minister of Mineral Resources and Energy

Reply:

The Department does not have the authority to regulate the processing of residue deposits at the Jagersfontein dam. This is as a result of the De Beers court judgment over Jagersfontein mine residue deposits (De Beers Consolidated Mines Ltd v Ataqua Mining (Pty) Ltd & others, case no. 3215/06, Free State Provincial Division, 13 December 2007). The judgement held that historical mine residue deposits (those created before the coming into operation of the Mineral and Petroleum Resources Development Act, 2002 (MPRDA) on the 01st of May 2004) are not minerals as contemplated in the MPRDA and such they are not regulated under provisions of the MPRDA. The processing of historical mine residue deposits does not constitute mining and the area where they are situated is not classified as a mine. This was again confirmed by the court judgment in the case of Ekapa Minerals (Pty) Ltd & Others vs Lucky Seekoei & Others (2057/2016) [2017] ZANCHC 5 (13 January 2017).

However, The Department engaged the Minerals Council South Africa to provide assistance to the affected community even though the facility is legally not a mining operation. About R2.75 million was spent by the Minerals Council on the following emergency relief through three Public Benefit Organisations, namely Gift of the Givers, Soul Provider and the Red Cross:

• Distributing 15,000 food parcels, each providing an average of 25 meals totalling 375,000 meals at a cost of R1,250,000. An estimated 4,500 people received nutritious meals for four months. The percentage of black South Africans benefiting from the programme is 100%.
• Providing running water from water boreholes at two schools for learners and the surrounding community at a cost of R1 million.
• Distributing mattresses, blankets, clothing, underwear, sanitary packs, water and cooking utensils at a cost of R500,000.

Following a series of meetings by the Minerals Council with the Kopanong Local Municipality and the Free State Government, 6 projects were initially earmarked. Further assessments identified 3 of the 6 projects being potentially sustainable and within the objectives and mandate of the Fund:

1. Working towards a sustainable water solution for the Jagersfontein community. The assistance does not include services that are the responsibility of local, provincial and national government.
2. Aiding local schools and learning centres to enhance learning and education in the community. The assistance does not include services that are the responsibility of local, provincial and national government.
3. Establish an internet and Wi-Fi service for the community at the Jagersfontein library.