The battle is broadening

Another front in the battle to safeguard one of South Africa’s most threatened natural resources, water, has opened on the dusty plains of the Karoo. Civil society organisations, environmentalists, the people of Graaff-Reinet and business tycoon Johann Rupert have stepped up their plans to jealously guard this precious resource in their area against gas exploration.

Possible protracted legal battles and court cases are looming and according to civil society organisations and Rupert a negative outcome would be disastrous for future generations.

Rupert, business tycoon and chairman of Richemont, VenFin and Remgro, has expressed his vehement opposition to the plans by the energy giant Shell to continue its shale-gas-exploration activities in the Karoo basin, and specifically the Graaff-Reinet area.

Exploration activities would include geophysical studies and data acquisition, the drilling of exploration wells with possible gas stimulation and flow testing. The whole exploration process also involves pumping chemicals and millions of litres of water into the exploration holes.

The public consultation process involved open-house meetings in Hofmeyr, followed by more meetings in .Victoria West, Loxton, Beaufort West, Murraysburg and Graaff-Reinet.

At the meeting in Graaff-Reinet, Rupert and the community expressed strong reservations about Shell’s plans.

Rupert told Rapport newspaper afterwards: “Never in my life did I start or invite a fight – not in the business world or in the sporting world, but one cannot stay out of the battle zone if you sense that injustices are committed.”

Acid test in Gauteng

Civil society organisations in South Africa have issued a statement noting with great alarm the ongoing flooding of the Central and Eastern Basins of the Wiwatersrand Basin and increased volumes of uncontrolled decant of untreated Acid Mine Drainage (AMD) from the flooded West Rand Basin.

The Inter Ministerial Committee on Acid Mine Drainage (IMC) was established with the purpose of determining a plan of action and to develop a government response to AMD.

Since the establishment of the IMC, millions of litres of AMD continue to be decanted into streams connected to both the Vaal and Crocodile River systems and groundwater systems, with devastating consequences for communities and the environment.

The heavy summer rainfall has greatly exacerbated the situation, resulting in the rapid rising of toxic water levels. Groundwater levels are estimated to be rising at a rate of 40 centimetres per day and heavy rains are expected to continue for another three months.

The decant of untreated AMD into South Africa’s surface and groundwater system has devastating consequences that are both far-reaching and long-term, said Mariette Liefferink, chief executive officer of the Federation for a Sustainable Environment, in a statement on behalf of the civil societies of South Africa.

These consequences include the declining quality of our water supplies, poisoning of food crops, deterioration of human health and well-being and the destruction of wildlife and ecosystems and valuable ecosystem services, infrastructure and heritage sites all of which also have far-reaching economic impacts.

Consequently, AMD poses a significant threat to the realisation of the rights enshrined in the Bill of Rights, chapter 2 of the Constitution of the Republic of South Africa 1996, and specifically the right to health care, food and water (section 27), the right to housing (section 26), the right to an environment that is not harmful to health or well-being (section 24) and the right to dignity (section 10).

To date, the IMC has failed to make the team of experts’ (TOE) interim and further reports publicly available. The IMC has not invited public comment on the TOE reports or public participation in its meetings.

The failure to make the TOE’s reports publicly available and the failure to invite comment on those reports means that there can be no open and transparent public debate on the TOE’s findings and recommendations.

The IMC has excluded participation by those who are most affected by its decisions.

As a result, the Centre for Environmental Rights, acting on behalf of the Federation for a Sustainable Environment, has submitted an application for copies of the TOE reports in terms of the Promotion of Access to Information Act, 2000 and section 32 of the Constitution of the Republic of South Africa, 1996.

The IMC has failed to engage with civil society in assessing the TOE reports and its decision to accept the reports and recommendations.

This failure to engage with civil society, particularly those organisations who are actively involved in monitoring  AMD impacts and working with affected communities on an ongoing basis, can only hamper any attempt to find effective and appropriate solutions to this problem.

Since the IMC’s first meeting in September last year, it has failed to take any significant steps to address and halt the ongoing discharge of AMD into our water systems.

Lack of progress

In the five months since the IMC was established, the situation has deteriorated and the threatened Witwatersrand can ill-afford any further delay.

“Over a year ago civil society organisations called on the State to act with a sense of urgency and to take immediate action to avoid the further pollution of our water supplies, but to date little action has been taken.

“This is despite the fact that various technologies exist for the effective treatment of AMD, and the government and mining companies have produced numerous scientific reports on AMD The first decant on the West Rand, which occurred in 2002 was predicted in one such report in 1996,” said Liefferink.

The civil societies of South Africa have addressed a letter to the IMC dated 25 January demanding greater transparency and participation in the IMC’s activities and asking  for information on the urgent measures that will be taken to address AMD.

If the societies do not receive an adequate response by mid-week, they will investigate legal action and if necessary approach the courts to intervene

The national government’s slow response, tendency to drag its feet or attempts to appease civil organisations with empty promises have become incredibly frustrating and are undermining confidence of civil society in the government’s ability to deal effectively with the problem.

Failure to act immediately could result in irreversible damage to the water resources of the Witwatersrand.

Ultimately, the legacy of the government to future generations will be compromised by its timid response to the current AMD crisis.

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