Sharing public knowledge on mining
Community Alerts, Lorraine Kakaza, Mpumalanga, Carolina,2019/01/30
Sanami Day 2
Panel Discussion
AMV
To share public knowledge on mining regulation SADC protocols, AMV, EITI in order to foster for social development and justice in mining communities and to free quality health service standards for all.
-To have a goal and equitable and optimal exploitation of mineral resources to underpin broad -based sustained growth and social economic development it’s not about mining is about development and it is essential seek to use African’s natural resources sector to transform the continent social and economic development path
Process
– It has become the framework for developing mineral resources in Africa
– To have a broader understanding of benefits
– Building human institutional capacities towards a knowledge economic that support innovation research and development
Strategy
– To manage mineral wealth better (APRM oversight committees, stabilization funds, prudent spending active counter cylinder policies
– Policy space and owners of development process the cornerstone
The independent problem solving service (IPSS)
Eric from BMF talk about the ipss
– IPSS its focus on communities affected by mining operation and how to go about addressing the resulting problems and challenges and how to to engage the industry into a dialogue.
There are urgent things that needs to be address and our proposal (ipps) is to deal independent answer some mines when they saw us doing this research they start to publish this
The mining industry have to invest and they are always responsible to apply
The devastation at the gross root needs to be address and the communities with extreme levels of poverty, inequality and margination.
An equally long history of community problems and issues not being resolved.
And there is an increase the level of frustration and anger prevailing within affected communities with regular protests.
From the mining sector perspective
Resistance to mining operations is steadily on the increase along with the associated conflict.
The problem is the dialogue is not possible in an unequal relationship
THE IMPACT OF MINING HAS BEEN DEVASTING WITH COMMUNITIES FEELING POWERLESS AGAINST MINING COMPANIES.COMMUNITIES RECEIVELITTLE RECEIVE LITTLE SUPPORT FROM THE GORVERNMENT, POLITICIANS, COUNCILLORS ANDTRADITIONAL LEADERS
The response to the independent problem solving a new ground breaking service is being established in a consultation with all role players designed to effectively resolve problems and issues of communities affected by mining
The guideline principle is to underpinned by the United National Guiding Principles on business and human rights and the Benchmarks principal for global Cooperate Responsibility
The un Guiding Principles provides that the governments must protect human rights and there must access to remedy…
we need to understand fair finance .
Banks make money out of your money there was a financial crisis and the government has to rescue because if the banks collapse the whole system will collapse .All mines are being finance by the banks looking at the Marikana issue if by then we know about fair finance we could said how can you fund a mine that has killed people banks has signed a sustainability framework , united finance finance over 200 banks ..
Mining abuses us every day and we need to extractive industry EITI 2007 in south Africa convine and publish a 2018 it describes
On skype Rukia Cornelius Oxfam on Gender
Gender mainstream and feminist look like and the issues of social justice
Gender we don’t look male and female like LGBTI is about sexuality, personal and sexual transaction ..
colour ,power over and there are attitudes and behaviour
We believe that there are internally and externally in our organisation and relation to patriarchy is a man power … there should be no social justice if we don’t challenge it
Look at the mechanisms and the empowerment issue in our structures that we create in our communities .
Gender mainstreaming as means Socio -economically balanced and equal nation by Keitumetsi Moutloatse
Principles of women in mining
Here focus is on Gender Based Violance having access to information and also power. GBV manifest in different ways social, environmental physical and economic at Marikana we there was an outreach that was conducted by women from Black Woman caucus and spend a week there
you could smell death and women were active and remain the best of the community and was so interesting that women are still marginalized even demo graphing of 52% is not there and the violence that women are facing physical and health issues and gender mainstreaming women reproduces men and what that mean if there are still vulnerable /marginalised
We need to fight the issue of restoration- Gender mainstreaming it will only work if we teach women about restoration. Women gender violence plus economic is where by women have bigger responsibility in our society and they are not protected.
Labour matters
There is a need for the work that we are doing at home to be considered and we need to acknowledge the issue of unemployment is still problematic in our society and women are the greatest on this we should educate women on how to make profit in use of land, not someone to give you R500.00 we need skills rather prefer to be given R5,00 and they thought you how to work it ….
Health is a burden that lies within women …
What I have drawn out of these conversation as Lorraine is that we are the people who supposed to be holding accountable for the things that go wrong in our society. We are the people who stand up and say we are supporting those who are marginalised to ensure that their voices are not left behind that no one is left behind by having campaigns that speak to such things but then we are also uncomfortable to turn that around to say we are part of this very society, because we are we are part of these country we are part of the very fabric and the nature of these society it is important to us to also grab that how do we grab with how do we change our own perspective, our own action ,alternative thinking differently .
we want to talk about the law the policies and all about age and all of those things there are important … how do we begin step by step day by day asking yourself a question that says how do I make and if I’m silent if I see things that going wrong how I’am being complicity
oil and gas Exploration
They are willing to create partnership resistance, they believe that the land is polluted by rich people and the poor have to face the consequences looking at the town plan is planned that way that is should toxic and that is why communities are dumped
We need our children to be educated about oil and gas looking at the alternatives and fracking is not a development it doesn’t provide food, housing roads infrastructure and employment
Water, land, tourism is important and the government and the policy makers must know that there is no space for fracking…
Land Expropriation without compensation looking at the history , settlement and the constitution
By David Ramoho
LAND EXPROPRIATION WITHOUT COMPENSATION
• THE HISTORY (BACKGROUND)
• THE NEGOTIATED SETTLEMENTS
• THE CONSTITUTION AND
• THE EXPROPRIATIION BILL OF 2019-01-28
THE HISTORY (BACKGROUND)
• IN 1652, JAN VA RIEBECK ARRIVES AT OUR SHORES IN SOUTH AFRICA WITH HE’S THREE SHIPS 1. DROMMEDARIES 2. RIEGEL AND 3. GOODEHOOP
• BRITISH GOVERNMENT COLONISES SOUTH AFRICA AND OTHER COUNTRIES IN AFRICA DUE TO MINERALS DISCOVERED BY THEIR AGENTS
• THEN THE 1913 LAND ACT IS INTRODUCED BY THE COLONIAL GOVERNMENT TO CURB BLACK PEOPLE FROM AQUIRING LAND
• CECIL JOHN RHODES AND SIR MARTINS, MASTERS OF LAND EXPROPRIATION, THEN EXPROPRIATED LAND WHERE THERE WERE MINERALS IN SOUTH AFRICA SPECIFICALLY ON COMMUNAL LAND, LIKE THE DIAMOND LAND IN NC
• THEN THE BANTU ADMINISTRATION ACT IS PROMULGATED TO CONTROL AND REGULATE BLACKS
BLACK PEOPLE ARE NOW RELOCATED AND SPREAD ACROSS THE COUNTRY THROUGH THE BLACK ADMINISTRATION ACT RESULTING IN THE RELOCATION OF BLACKS FROM KOFIFI, SOPHIATOWN, CHATERSTON ETC
• THEN THE APARTHEID GOVERNMENT CAME TO POWER AFTER DEFEATING THE ENGLISH DURING THE ANGLO –BOER WAR
THE HISTORY OF LAND EXPROPRIATION BY COLONIALISM AND THE APARTHEID REGIME:
• INTRODUCTION OF THE EXPROPRIATION ACT, ACT NO 63 OF 1975
• FOLLOWED BY THE EXPROPRIATION AMENDMENT ACT, ACT NO 19 OF 1977
• THEN EXPROPRIATION AMENEDMENT ACT, ACT NO 3 OF 1978
• EXPROPRIATION AMENDMEND ACT , ACT NO 21 OF 1982
• AND EXPROPRIATION AMENDMEND ACT, ACT NO 45 OF 1992
• RESOLUTION 159 OF 1855 ADOPTED BY THE TRANSVAAL GOVERNMENT WHICH PROHIBITED ANYBODY WHO WAS NOT A BURGER TO OWN LAND
• OCCUPATION ACT,ACT NO 86 1886 WHICH DEALS WITH THE ZOUTPANSBERG LAND (WATERBERG DISTRICT NO 8)
• THE SQUATTERS ACT, ACT NO 11 OF 1887 WHICH ALLOWED NOT MORE THAN 5 BLACK FAMILIES TO SQUAD ON WHITE FARMERS LAND
• VOLKSRAAD RESOLUTION ACT,ACT NO 359 OF 1891 WHICH PROHITED SQUATTING OF CROWN LAND BYB RESOLUTION 359
• ACT 25 OF 1891 PROHITED INDIANS FROM OWNING FIXED PROPERTY IN THE REPUBLIC
• NATIVE RESERVE ACT,ACT NO 40 OF 1902 WHICH AUTORISED THE GOVERNMENT TO ESTABLISH RESIDENTIAL AREAS FOR AFRICANS OUTSIDE TOWNSHIP, THUS RESULTED INTO YOUR DISTRICT SIX IN CAPE TOWN
• CROWN LAND DISPOSAL ACT, ACT NO 57 OF 1903 STIPULATES THAT ALL LAND IS PROPERTY OF GOVERNMENT IRRESPECTIVE OF HOW IT WAS AQUIRED
• SOUTH AFRICA ACT OF 1909 WHICH SAW THE EMERGENCE OF CAPE, NATAL, ORANGE FREE STATE AND TRANSVAAL
• LAND SETTLEMENT ACT,ACT NO 12 OF 1912 WHICH OUTLINED THE SALE OF LAND TO WHITES ONLY
• NATIVES LAND ACT, ACT NO 27 OF 1912 BLACKS WERE PROHIBETED FROM BUTING OR AQUIRING LAND IN THE 93% of land in south Africa, IN ESSENCE AFRICANS WERE CONFINED TO 7% OF SOUTH AFRICAS LAND
• BLACK COMMUNITIES ACT, ACT NO 4 OF 1984 WHICH WAS INTENDED TO FACILITATE RACIALLY SEPARATE GROUPS AREAS
• ABOLITION OF RACIALLY BASED LAND MEASURES ACT, ACT NO 108 OF 1991, THIS LEGISLATION WAS PASSED TO REPEAL BLACK COMMUNITIES DEVLOPMENT ACT, GROUP AREAS ACT, THE NATIVE TRUST AND LAND ACT
• THEN THE APARTHEID REGIME, DECIDED TO CREATE THE TBVC
• TRANSKEI
• BOPHUTHATSWANA
• VENDA
• CISKEI AND OTHERS LIKE LEBOWA ETC
• BY CREATING THE AFOREMENTIONED TRIBAL BORDERS, THE APARTHEID REGIME WANTED TO SEGREGATE XHOSAS, VENDAS, TSWANAS, PEDIS, ZULUS FROM EACH OTHER STRATEGICALLY SO FOR THEM TO HAVE TOTAL CONTROL
• THEN EACH BANTU CONTROLLED STATE HAD TO DEVELOP THEIR OWN LEGISLATION FOR SELF GOVERNANCE LIKE THE BOPHUTHATSWANA TRADITIONAL AUTHORITIES ACT, ACT NO 23 OF 1978 ( SUCH WAS EVEN TOUCHED BY THE PARAMOUNT CHIEF FROM NC ON HE’S KEY NOTE ADRESS YESTERDAY)
• THESE GOVERNMENT, THEN PERPETUATED THE SYSTEM OF THE APARTHEID GOVERNMENT BY EXPROPRIATING LAND THAT WE CALL COMMUNAL LAND IN ORDER FOR THESE GOVERNMENT TO SUSTAIN THEMSELVES FINANCIALLY BY TARGETTING LAND THAT WAS OWNED OR BOUGHT BY COMMUNITIES, HELD IN TRUSTS BY THE TBVC STATES, AND CHIEFS WERE ONLY GIVEN THE STATUS OF BEING CUSTODIANS OF SUCH LANDS
GOVERNMENT OF NATIONAL UNITY (THE RISE OF THE ANC GOVERNMENT)
• PRIOR TO ELECTIONS IN 1994, DURING THE CODESA 1 AND CODESA 2, ALL POLITICAL PARTIES CAME TOGETHER TO CHART THE WAYFORWARD FOR A NEW DISPENSATIONAL GOVERNMENT
• A NEW CONSTITUTION HAD TO BE DEVELOPED
• IFP DECIDED TO PUT UPFRONT CONDITIONS FOR IT TO PARTAKE IN THE 1994 ELECTIONS, WHICH ONE OF ITS CONDITIONS WAS THAT THE LAND BELOGING TO THE KING MUST NOT BE TOUCHED AND THEREFORE LEGISLATION MUST BE DEVELOPED SPECIFICALLY TO RINGFENCE THE LAND THAT BELONGED TO THE KING WHICH RESULTED IN INGONYAMA TRUST.
