Comrade Chairperson, hon Members of Parliament, the NCOP part of Parliament, comrades, colleagues, ladies and gentlemen, one of the clauses of the Freedom Charter says that the people shall share in the country's wealth. That is clause 3. In line with the above clause, the ANC at its last year's 52nd National Conference in Polokwane, under the economic transformation discussion, resolved that the use of natural resources, of which the state is the custodian on behalf of the people, including our minerals, should be in a manner that promotes the sustainability and development of local communities and realises the economic and social needs of the whole nation.
The Bill before the House today is in pursuance of that resolution and the clause referred to above. It seeks to harmonise the environmental impact assessment requirements with national norms and standards set out in the National Environmental Management Act, thereby making the Minister of Minerals and Energy the responsible authority for implementing environmental policy and legislative requirements of the National Environmental Management Act, as it relates to prospecting, mining exploration, production and related activities.
The Bill also allows for the effective and efficient administration of our mineral resources, the enhancement of co-operative governance between organs of state, and confirms sound environmental management principles. In this case, the Bill sets the stage for steps to be taken in order to realise one of the ANC's beliefs which says that a sustainable economy is a guarantee for all South Africans, present and future, to realise their right to an environment that is not harmful to their health and wellbeing.
It is through this Bill that the separation of powers between the Minister of Minerals and Energy, who levies some fees in terms of the principal Act, and the Minister of Finance, who determines state royalties in terms of the Mining Royalty Bill, is confirmed.
It further empowers the Minister to impose conditions as necessary where the application involves the land occupied by a community. Such conditions include promoting the rights and interest of the community as well as participation by those affected communities.
Community involvement in the affairs of the country is one of the basic pillars of our Constitution; therefore, the Bill is aligning mining procedure with that provision of the Constitution.
Comrade Chairperson, kindly allow me to refer to some of the experiences our committee encountered when we visited the Eastern Cape on oversight and made some suggestions to the Minister. We were taken to a place where we were told we were going to have an observation on what is called "illegal mining" - but I prefer to call it "informal mining".
On arrival, we found a number of people; three of them standing at the shaft's entrance, and in front of each one of them there were heaps of coal with numberings. The ones I encountered were numbered from one to five. I had a chance to discuss what was happening with one of the people at the entrance. He told me that he is 63 years old and he spent a period of 30 years in mining, both by virtue of employment and self-employment.
We looked at the shafts and realised that their shafts do not sink downwards but horizontally. We realised that there were layers of rocks with coal in between. I asked him why he was allowing people, including himself, to go into that cracked shaft. Was he sure it was safe for people to go in there or not? He answered by saying that even though he was not trained, he is experienced in mining. He further told me that the cracks were 10 cm deep and there was no possibility of the shaft collapsing.
When I looked around I saw three rocks and one of the rocks was protruding. I asked him to tell me how safe was he working with that hanging rock. He said it would take three years before that rock could fall and for that to happen, it would require the bottom rock and the one next to it to shift; it is then that the protruding rock could fall. I was surprised, and called one of our colleagues, Mrs Ntembe - it's unfortunate she is not here - to come and listen to what I was hearing from this man. I asked the old man to repeat, and he did. There was coal in front of him and I asked him what it was for. He told me that they had their customers, and a truck would come later for the second load. He stated that he was in charge of all the heaps, from the first to the fifth. I asked him how much was paid for a load and he said he was not taking money but was only responsible for loading. The transactions took place where the trucks were despatched from.
If a truck had a number, for instance, three, that would mean the truck was coming for the third load and he would see to it that it was loaded. When I asked him where the coal was taken to he said he did not know. I asked what did they use the coal for and he said for making bricks and roofing slates. I asked why was it not used for energy, and he said that Eskom officials once visited them and said they could not take that coal because it was not the kind they use to generate energy.
What Mrs Ntembe and I thought was that if people could work the way they were doing and getting the supplier of the coal, wouldn't it be possible for the department to meet with these people and formalise their work so that they could get assistance and earn a living? While we were there a truck came and loaded "heap two", of which he was in charge, and we saw how it was done. Perhaps it would be proper to meet with them and some form of assistance be given to them. I estimated that those heaps would take three to four years for them to survive on. We went to some of their shafts. They use lanterns to see what is going on. This is what we saw. Perhaps if the department could find out what is happening there, it could assist these people.
The select committee has no doubt that the Bill contributes greatly to the building of a sustainable and growing economy, to creating a sense of dignity and the recognition of affected communities as well as a healthy environment for the present and future generations. It is for this reason that the committee supports the Bill and urges this House to do the same. Thank you.
Debate concluded.
I shall put the question in respect of the First Order. The question is that the Bill be agreed to, subject to the proposed amendments. In accordance with Rule 63, I shall first allow political parties the opportunity to make their declarations of vote, if they so wish. Any political party? Declaration of vote:
Chairperson, up until yesterday the Bill was scheduled to be debated and not only for a statement to be made about it. A comprehensive speech was prepared, but I would ask you to note that the DA will oppose the Bill and remind the hon chair of the committee that the fantastic story he told still doesn't make it legal. If that illegal mining is informal then the illegal cash heisting is also informal banking. Thank you.
We shall now proceed to the voting on the question. Before I call the voting, please press button number one to confirm your presence. There should be lights flashing. Are your lights flashing?
Those in favour, please press button number four, those against press button number two and those who abstain press button number three. Have all members voted?
Hon members, according to the voting, 33 members voted in favour, eight members against and there were no abstentions. I therefore declare the Bill, subject to proposed amendments, agreed to in accordance with section 75 of the Constitution.
Bill, subject to proposed amendments, agreed to in accordance with section 75 of the Constitution.