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EdST Enquiries: A Matukane
Telephone: 015 290 1208
Reference: 6/2/2/6
MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS
NATIONAL ASSEMBLY: QUESTION 3324 FOR WRITTEN REPLY
A draft reply to the above question asked by Mr I O Davidson (DA) is
attached for your consideration.
ACTING DIRECTOR-GENERAL
DATE:
DRAFT REPLY APPROVED/AMENDED
MRS B E E MOLEWA, MP
MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS
DATE:
NATIONAL ASSEMBLY
FOR WRITTEN REPLY
QUESTION NO 3324
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 28 OCTOBER 2011
(INTERNAL QUESTION PAPER NO. 35)
3324. Mr I O Davidson (DA) to ask the Minister of Water and Environmental
Affairs:
(1) Whether, with reference to her reply to question 1276 on 20 May
2010 and lapsed question 3423 on 31 January 2011, her
department has done any formal assessment of sandmining
operations completed to date to assess the effect of mining
conducted by Mr L Fourie and a certain company (name
furnished) on the (a) integrity of the Mokolo River, (b)
pollution of the river and (c) availability of water to
surrounding water users; if not, why not; if so, what are
the relevant details;
(2) whether her department has been informed of any cases where
surrounding water users have not been able to fully
exercise their water rights because of sandmining in the
river; if not, what is the position in this regard; if so,
what are the relevant details;
(3) whether any action has been taken against the miners in this
regard; if not, why not; if so, what action?
NW3982E
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REPLY:
(1)(a)(b)(c) Yes, the Department conducts assessment of the
effects of sand mining in Mokolo River at Mr L Fourie and
his company mining sites through monthly site inspections
and taking of water samples (i.e. for water quality
analysis).
Water is allowed to pass through the sand mining site and
that there were no lawful water abstraction points which
was interfered with or damaged and sand material near any
lawful water abstraction points is not removed. Due to the
geological (i.e. soil and rock types) formations in upper
catchment of the Mokolo River, the sand recovery rate is
higher and there is no significant pooling / damming
effect.
Water quality samples are taken at upstream and downstream
points of the sand mining sites to detect water pollution
of the sand mining activities. Based on the available
samples analysis data, there is no significant variation
detected.
(2) Yes, the Department has received several complaints
regarding sand mining in general since the start of
construction of the Medupi Power Station. On several sites,
inspections conducted by the Department with the latest
being on 21 October 2011, there was no evidence or
practical indication that water use entitlements of lawful
water users were violated or deprived. In most cases it was
established that due to the historical provisions of the
Water Act of 1956 (Act repealed by National Water Act ,
1998 (Act No.36 of 1998) that gave riparian rights,
property owners next to water resources (i.e. Mokolo River)
emphasised riparian rights in the gist of their complaints.
-2-
This was more evident as some complainants were willing to
trade sand in exchange for economic/financial benefit (i.e.
excising riparian rights) and some applied to the
Department of Mineral Resources for sand mining permits
while supposedly against sand mining. In one recorded case
of damage to water abstraction point that occurred over the
past two years, agreed compensation to the affected user
was done through facilitation by the Department of Mineral
Resources.
(3) No action was taken specifically as it relates to water users
not being able to fully exercise their water rights as this
category of complain was never factually presented to the
Department. The Department following its own programme of
monthly inspection has instructed the sand miners to ensure
that, there is no excessive clearance of vegetation or
inducement of erosion on the river banks and that there is
no interference with or destruction of lawful water
abstraction points. On one sand mining site, the
rehabilitation of river banks was done by planting of
indigenous grass and trees.
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