For me, I would enjoy
that.
Hon Mokause show respect. Don't be like that. Don't put our House in disrepute.
Chair, I would have thought that the hon Minister wouldn't stoop so low and just respond to vague and false accusations. However, I appreciate the way you responded, hon
Minister. Indeed, you can't be crucified for the size of your organisation. The issue that I wanted to raise is that we have a number of mining companies in the Northern Cape in particular that consistently failed to comply with the prescribed legislation. We have inspectors in the department that have a responsibility of ensuring that they monitor and enforce compliance. Now, I want to check with the Minister regarding the relation to these Trusts and how they plough back to the communities, because the Mining Charter and the MPRDA prescribed that they should plough back. So, I just wanted to check on the level of the Ministry what monitoring mechanism is done to ensure that those officials that are responsible to do that particular work do that work diligently and don't fall prey of these big companies in terms of monies and ensuring that communities benefit directly from these Trusts? Thank you.
We made an observation earlier and there are areas in the department where there are weaknesses. One of those is monitoring and evaluation and ... [Inaudible.] ... is community outreach. We are working on that to set out more structured units in the department to do that work. More importantly, if you look into our audit reports by the Auditor- General, you find that the area responsible for that area scored
lowest in the department. All our branches scored eight and above and regulations scored 67. We looked into the weaknesses in the branch and one of those areas is this one: enforcement of monitoring and evaluation. It's a pity that Comrade Bavelile passed on prematurely. May her soul rest in peace because we gave that responsibility to her, but specifically to chase monitoring and evaluation? So, we are paying attention to that issue -it is one of the weaknesses in the department.
Question 4:
The question is by hon Boshoff of Mpumalanga, eh. Hello, hello, hello Boshoff, hello. Yes, the Minister confirms that a mining right and environmental management programme are issued to William Patrick Bower (Pty) Ltd, in respect of Portion 6 and Portion 23 of Groenvlei and Portion 12 of Lakkavalli 322 JS situated in the magisterial district of Belfast in Mpumalanga province. It was issued on 09 November 2016.
The mining development was granted considering that it complied with the principles of integrated environmental management as prescribed in section 38(1) of the Mineral and Petroleum Resources Development Act, MPRDA. The Minister was satisfied that the development will achieve the said principles and give effect to Chapter 5 of the
National Environmental Management Act 107 of 1998. A local municipality has a mandate of considering and issuing rezoning to any land parcel falling within its jurisdiction. In that regard, they will have knowledge of the land parcels that are subject to rezoning applications and or where rezoning has been granted.
In other words, the rezoning part of any parcel of land in any municipality is not the responsibility of the department but it is the responsibility of the municipality. I would imagine that that is the planning section of the municipality that does rezoning. At the time of the consideration of the mining right application, the environmental impact assessment and the environmental management programme lodged in terms of section 39 of the Act, the Minister did consult in terms of section 40 of the Mineral and Petroleum Resources Development Act, Act 28 of 202 and the state department with the role in administering any laws relating to matters affecting the environment.
No, the Minister has not requested the water test from the Minister of Human Settlements, Water and Sanitation. The requirement to provide water samples and tests is a condition of water use licence and falls within the competence of the Minister of Human Settlements, Water and Sanitation in terms of the National Water Act
36 of 1998. The Minister has not been supplied with the report of the Environmental Impact Assessment studies that was conducted by the Department of Environmental Affairs, Forestry and Fisheries and is not aware of its content.
Therefore, that shows the complexity of that space that when you issue a mining licence, you must comply with the requirements that are located in two other departments. I am sure that in the Bill that is on the pipeline they will add agriculture. It is quite a complex exercise, we fulfil our part but other departments have also a responsibility over aspects of the legislation and of the work.
Thank you very much, Deputy Chair. Minister, even though the Mpumalanga Tourism and Parks Agency together with the Mpumalanga government were opposed to this mining that is taking place, your department went ahead and issued the relevant mining licence. What I would like to know from you is; whether you can indicate whether the mining is still going on today as we speak or whether it has been halted? If it has not been halted because it is a protected environmental area, would you today undertake that all future mining applications in declared protected areas will not take place without the relevant licences and certificates crossing all the departments as you have just indicated? Thank you.
Chair, no, that is the
practice even today. That is why in addition to work with all the departments we respect the Department of Environmental Affairs, Forestry and Fisheries as an appeal body so that if there is a mistake in the assessment, it can be repealed by the appeal body which is the Department of Environmental Affairs, Forestry and Fisheries. It is not just the Department of Mineral Resources and Energy. Actually, granting a mining licence is one of the most complex things. At one point I was saying to my colleagues in the Cabinet that if things goes the way they are, in few years time mining will be banned in South Africa. My own view is that ... I want you to listen ... whether it is mining today, I can go and check that I don't want to guess and just give you a two way answer. I will check if it is operational.
As you would see that the granting of that licence precedes my term however, I take responsibility for it. I can go and follow it up and check it.
Thank you, Deputy Chairperson. Hon Minister, I want to ask, did the coal mining activities have any economic spinoffs and job opportunities for the people of the surrounding area?
Actually, leave the fact that everybody thinks that coal mining is dirty, it is the biggest generator of revenue in mining today. Coal mining is the biggest generator of revenue in SA mining today. That is what it is. It exploits coal and supplies Eskom because sometimes when we talk of coal we just think of the picture of coal to Eskom. It is a big generator of revenue. It does benefit communities around them and also the reason that there is this complex relationship with the environmental assessment and all that is because mining sometimes pollutes in the majority of places and therefore it needs to be regulated tightly to minimise the negative impact of mining. However, it is an economic activity. It is a very viable economic activity and it employs many workers. [Applause.]
Hon Deputy Chair, it is very interesting that the Minister says that coal mining sometimes pollute. Minister, as this was actually a written question - that was transferred to oral questions - can you please commit to this House that you will actually answer written questions in the prescribed time so that you don't need to answer that in the House?
Hon Minister, that is not a question. Can we then request hon Bebee. You took someone's question now, hon Smit. Hon Bebee.
Hon Deputy Chairperson, I just want to check with the hon Minister if he is compelled to get a report of the Environmental Impact Assessment study before issuing the mining rights? Thank you, Minister.
It is a requirement. It is a requirement that I do get the environmental certificate, the water and I am sure it will now be extended to agriculture and land use.
Hon members, on behalf of the leadership of the NCOP let me take this opportunity to thank the Minister for availing himself to take questions in the NCOP. Thank you, hon Minister. [Applause.]
Question put: That the Motion be agreed to.
In Favour: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Motion accordingly agreed to in accordance with section 65 of the Constitution.
Hon members, I have been informed that the committee has agreed not to proceed with Order Six, as printed in the Order Paper. The secretary will read the First, Second, Third, Fourth, Fifth and Seventh Orders of the day.