Atha Answering Affidavit - Part 2.pdf
Summary
This document consists of a series of panel reports, official letters, and motivations regarding the declaration of protected environments in Mpumalanga, South Africa, and the subsequent conflict with mining interests held by Atha-Africa Ventures (Pty) Ltd (AAV). It details the administrative process of declaring the Mabola Protected Environment (MPE), the expansion of the Kwamandlangampisi Protected Environment (KPE), and the declaration of the Tafelkop Nature Reserve (TPNR), while addressing objections from local communities and AAV regarding socio-economic impacts and mining rights.
Key insights
- The declaration of the Wakkerstroom Biodiversity Site (WBS)—comprising the MPE and KPE—is intended to regulate environmentally harmful activities rather than prohibit mining entirely. Under section 48(2) of the National Environmental Management: Protected Areas Act (NEMPAA), commercial mining in a protected environment is permitted provided there is written consent from the Minister and the Cabinet member responsible for mineral resources.
- The Tafelkop Nature Reserve (TPNR) is subject to an absolute prohibition on mining. This decision was based on the fact that no existing mining rights had been granted for the properties included in the reserve and the area possesses exceptional biodiversity and conservation value.
- Members of the Community of Pixley Isaka Seme raised objections to the WBS declaration, fearing it would exacerbate poverty and hinder job and infrastructure development. They specifically linked the lack of economic activity in the area to high rates of HIV and AIDS among youth.
- Atha-Africa Ventures (AAV) claims that the Mabola Protected Environment Landowners Association (MPE-LA), acting as the Management Authority, failed its statutory duties under NEMPAA by not submitting a Management Plan within the required 12-month period and failing to consult local communities and affected parties.
- AAV argues that the Yzermyn Underground Coal Mine is in the national interest, projecting the production of 2.25 million tons of coal per annum over a 15-year life of mine, the creation of approximately 550 direct jobs, and a total financial spend in South Africa of R 12.94 billion over the first 10 years.
- AAV's updated site layout for the Yzermyn project reduced the surface infrastructure footprint to less than 50 hectares, with the directly disturbed wetland area reduced from over 33 hectares to less than 13 hectares.
- The Mpumalanga Tourism and Parks Agency (MTPA) stated that while it recognizes the need for sustainable development, the ultimate decision on whether mining is permitted in a Protected Environment rests with the National Ministers of Environmental Affairs and Mineral Resources.
Cite the original document
- APA
- Centre for Environmental Rights (n.d.). Atha Answering Affidavit - Part 2.pdf. https://cer.org.za/wp-content/uploads/2018/03/Part-4.pdf?x21779
- Chicago
- Centre for Environmental Rights. Atha Answering Affidavit - Part 2.pdf. n.d. https://cer.org.za/wp-content/uploads/2018/03/Part-4.pdf?x21779.
- Wikipedia
- {{cite report |author=Centre for Environmental Rights |title=Atha Answering Affidavit - Part 2.pdf |url=https://cer.org.za/wp-content/uploads/2018/03/Part-4.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}
- BibTeX
- @techreport{centreforenvironmentalrightsndatha, author = {{Centre for Environmental Rights}}, title = {{Atha Answering Affidavit - Part 2.pdf}}, institution = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2018/03/Part-4.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }
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