Wild Coast row ends up in court

Published May 29, 2015

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Durban - Wild Coast residents opposed to dune mining have secured a high court interdict to stop alleged violent attacks by pro-mining groups.

The residents are opposed to minerals being mined from the coastal dunes at Xolobeni, south of the Wild Coast casino and resort, because they say in court papers it would mean the possible relocation of families and the “obliteration” of their customary way of life.

It is alleged in court papers that the pro-mining groups have financial interests in companies linked to Australian company Minerals Commodities, which has a controlling interest in Transworld Energy and Minerals.

Transworld has applied for mining rights in Xolobeni.

The Mercury reported on May 4 that the groups allegedly beat up community members who were opposed to the mining.

But Zamile Qunya, a community liaison officer employed by Mineral Commodities, told The Mercury at that time that he was unaware of the violence and said the community had blockaded roads and stopped mining consultants from entering the area.

Nine of the residents, who are being represented by the Grahamstown Legal Resources Centre and attorney Richard Spoor, brought an application in the Eastern Cape High Court in Grahamstown this week against Qunya, his brother Zamowakhe Qunya, a traditional leader in the area, Lunga Baleni, Sizwe Shezi and Ntethelo Madikizela.

The court papers also state that Lunga, who was previously opposed to the mining, and Shezi were directors of an empowerment entity that had an interest in entities linked to Transworld.

Grahamstown Legal Resources Centre attorney Michael Tsele said on Thursday that while Qunya and the others were opposed to the application, they had consented to an interim interdict being granted.

He said the respondents had stressed that consenting to the order did not mean that they were admitting to any of the allegations.

He added that the respondents had not filed opposing papers as yet, because of logistical problems.

In terms of the court order, the Qunya brothers and the other three were interdicted from intimidating, victimising or harassing members of the uMgungundlovu community and bringing firearms to community meetings.

In court papers, one of the residents, Duduzile Baleni, headwoman for the uMgungundlovu Traditional Council, described how shots were fired in the community by a group of people on May 3.

She said Msaidilose Ndovela, one of the applicants, was beaten and hacked with a bush knife.

Ndovela had opened a case with the police.

Baleni said she and the other residents believed the violence was a “concerted campaign” to intimidate the community and discourage them from opposing the dune mining.

“There is a very real threat that for as long as the mining rights application is pending, the respondents will continue to engage in such violent and threatening conduct if they are not interdicted.”

She said there was violence in the area related to the mining rights in 2008 in which one resident was killed.

“Mining has historically been and remains an extremely contentious issue.”

The Mercury

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