OBJECTION TO LEGAE MINING (PTY) LTD APPLICATION FOR PROSPECTING RIGHTS
(DMR Ref No. LP30/1/1/3/2/1 (14965) PR
Prepared for and on behalf of:
Lepogo La Thaba (Pty) Ltd and other affected Parties.
BASIA ENVIRONMENTAL CONSULTANT / LEGAE MINING
For Attention: Mr. Tshia Malehase
(079 2630 579 / info@basiaec.co.za)
13 August 2023 – (Per email)
Dear Sirs,
Your Notice of the Application for Prospecting Rights, Ref No LP 30/1/1/3/2/1 (14965) PR, dated 11 August 2023, with applicant “LEGAE Mining (PTY) LTD” , which was attached to our gate on the 12th of August 2023 is noted.
This objection to the prospecting right application is submitted on behalf of Lepogo La Thaba (Pty) Ltd as well as its Directors. Please register us as an affected entity.
Kind request:
No person from your or any other entity pertaining to this application has any permission, right, or authorisation to enter any land, area, or even facility under my, our control, company control, or where it may be under control of a 3rd party on our behalf, pertaining to the areas as set out in your application, as per “remaining extent and portion 01 of the farm Hartbeestfontein 456 KQ, situated in Thabazimbi Local Municipality, Limpopo Province.
As we are open to tourism and other business opportunities, any person who attempt to gain access in this manner will be requested to leave, as for such a visit will be under questionable and fraudulent circumstances.
With this said let’s continue…
Although the application area may only cover “a few hundred hectares”, within the Waterberg Biosphere, it affect hundreds of people extending over many tourism properties.
We do understand that the Mineral and Petroleum Resources Development Act No 28 or 2002 (MPRDA) which came into effect on 1 May 2004 and regulates South Africa’s mineral legislation. In accordance with this legislation, mineral rights, previously owned by private landowners, were transferred to the state. This placed landowners in the unfortunate situation where it allows any third person to submit an application to the Department of Mineral Resources to obtain a prospecting or minerals right, without the knowledge of the landowner, as seems to be the case in this instance.
“In terms of the MPRDA, it is possible for a person or company to procure mineral rights over another person’s property as the state preserves the mineral rights in South Africa.”
As in this case, we as landowners only become aware of the license when the license holder (“Legae Mining (PTY) LTD”) lodged this request and the license has therefore seemingly already been granted.
The first hurdle that stand in the way of “Legae Mining (PTY) LTD” is that the Act stipulates that consultation with the landowner and any other person or entities that may be affected, must first take place.
“This stipulation, which has to be met before a prospecting right can be granted, is set out in Sections 10(1)(b), 16(4), 22(4)(b) and 27(5)(b) of the MPRDA. The consultation process determines that the applicant has to notify the landowner, or any other party affected by the application, in writing of the consultation.”
Fortunately for us, your “notice” delivered to our property gates, enables us to give you a heads-up that we are not the only persons or entities affected by this application, as I’ll explain.
- The area from entering the “Boom Gate” from Thabazimbi’s side, at the foot of the Kransberg all the way to the exit of the road whether at Alma in the Modimole (Nylstroom) or Bele-Bela (Warmtbaths) or Welgevonden (Vaalwater) area is mostly making their income from Tourism.
As you already acquired a mining licence, you should know that farm Hartebeestfontein is not easily accessible from any direction even with 4×4, not to mention “Mining Trucks” thundering up and down Bakkers Pass. Please forgive me if I’m wrong but it seems that “Legae Mining (PTY) LTD” also noticed that Hartbeesfontein is exactly situated where at least three of the Municipalities (Modimole/Bela-Bela and Thabzimbi) meet, with what I believe, with Thabzimbi, the most difficult access route. What I’m saying is that if you serve this notice in Thabazimbi, I believe you do not have any legal obligation to notify any possible affected parties within the other municipal areas.
- Further to this most of the road towards Hartebeestfontein, from all directions, is acting as the border and “Fire-road” of the Marakele National Game Reserve and I do believe that Marakele National Park is an affected entity to this application, as well as all the Tourism Businesses, on this road in all Municipal areas.
- The proposed “mining” site is of very high conservation value and is inappropriate for any type of mining.
- The proposed “mining” site fall directly in the water catchment area, which could affect the Kwaggasvlakte and surrounding areas.
- The proposed “mining” site is registered with the Heritage Portal and an active member.
- The proposed “mining” site is registered with FBIP Waterberg Biodiversity Project and Research Centre, monitored and used through the University of Pretoria. They should also be regarded an affected Entity as their research on the farm stretches over several years especially on endangered plants and other cultivars not found elsewhere.
- We should make mention of the Vulture-Project and although most of the colony is nesting in a 1-2km radius, there are also a nest or two on Harbeesfontein itself.
This objection to the prospecting right application, should not be seen as our final objection, as we must still study the “BAR”, “EMP” and any other information, documentation, and evidence available and presented to us by the parties to the investigation.
It should be clearly stated that this objection is to protect our environment, our history, our community, and our children’s-children’s heritage as well as our future. If any foul-play is found on any level, it will be our duty and pleasure to bring it out into the light and have those who “conspired” be brought to book.
This objection was drafted by JB Grobler
Director: Lepogo La Thaba (Pty) Ltd
0832674775
johangrobler111@gmail.com