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Anglo ActionAid 2.indd - Anglo American Platinum

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THE FACTS<br />

Typical existing house in Motlhotlo<br />

Typical house in new village<br />

<strong>Anglo</strong> <strong>Platinum</strong>’s response<br />

to <strong>ActionAid</strong> allegations


Contents<br />

Executive summary 3<br />

Introduction 5<br />

Section 1 6<br />

Section 2 9<br />

Section 3 16<br />

Final comments 36


Executive summary<br />

<strong>ActionAid</strong>, an international anti-poverty agency, released a report on March 26,<br />

2008 entitled “Precious Metal – The impact of <strong>Anglo</strong> <strong>Platinum</strong> on poor communities<br />

in Limpopo, South Africa.<br />

<strong>Anglo</strong> <strong>Platinum</strong> strives to be a responsible corporate citizen and is distressed by<br />

the serious allegations made by <strong>ActionAid</strong>, particularly given that we believe the<br />

report is extremely one-sided and contains many inaccuracies and distortions.<br />

Therefore it is appropriate to offer all our stakeholders and broader society an<br />

alternative view to set the record straight so that readers can decide for themselves<br />

whether <strong>Anglo</strong> <strong>Platinum</strong> is acting responsibly or not. We welcome the <strong>ActionAid</strong><br />

recommendation that the South African Human Rights Commission undertake a<br />

full investigation as we believe such an investigation would yield a balanced and<br />

positive outcome.<br />

It is unclear from the <strong>ActionAid</strong> report how they selected their research sample<br />

and what their overall research methodology and approach was to ensure unbiased<br />

reporting. Only a few interviews were held with select members of the community<br />

that we already know are not satisfied and who represent a very small proportion<br />

of the more than 200 000 people in the areas covered. It is also worth highlighting<br />

that the report did not include information pertaining to <strong>Anglo</strong> <strong>Platinum</strong>’s other<br />

operations in the Limpopo Province, and particularly the Group’s two biggest<br />

operations namely Amandelbult and Union mine. Reasons for this are not known<br />

and not provided by <strong>ActionAid</strong>. This again highlights the selective nature of the<br />

study.<br />

Mining activities the world over are known to have significant positive and negative<br />

socio-economic impacts on adjacent communities as well as potential negative<br />

impacts on the environment. At <strong>Anglo</strong> <strong>Platinum</strong> we have put in place a number of<br />

governance processes, management systems and reviews to ensure that the positive<br />

impacts are maximized and the negative impacts avoided or minimized. The full<br />

details of these processes and structures are included in our 2007 sustainable<br />

development report, a full electronic copy of which is available at www.<br />

angloplatinum.com.<br />

Despite these processes we do sometimes make mistakes, like any organisation of<br />

our scale, but we have a strong commitment to making a positive difference to the<br />

communities around our operations. We believe that the great majority of<br />

communities associated with us are supportive of mining and the opportunities<br />

which it creates. We have realized that we cannot please every individual member<br />

and/or faction of the community all of the time. In addition to the opportunities<br />

which we create and the tax revenues we generate, we have been amongst the<br />

leading mining companies in seeking to improve the developmental impacts of<br />

our operations. We have done this through initiatives like pre-employment training<br />

to enable people to seek jobs, local enterprise development, sustainable livelihoods<br />

initiatives and local procurement drives. All of this is on top of normal social<br />

investment and infrastructure development.<br />

March 2008 |<br />

3


Executive summary<br />

We have been recognized by external parties for our efforts in these areas and have<br />

won many national developmental and sustainability awards in South Africa<br />

including the Nedbank Green Mining Award in both the sustainability and<br />

environmental categories, The Mail and Guardian Investing in the Future Awards,<br />

for work with schools in Limpopo; and the Govan Mbeki Housing Award which<br />

was received for our development of low and middle income housing projects.<br />

The detailed responses to the allegations made by <strong>ActionAid</strong> that we at <strong>Anglo</strong><br />

<strong>Platinum</strong> are breaching the communities’ human rights by preventing access to<br />

land and water resources are included in the main body of this report. Kindly use<br />

this report to judge for yourself whether <strong>Anglo</strong> <strong>Platinum</strong> is operating responsibly or<br />

not and we await the outcome from the Human Rights Commission investigation.<br />

4 | <strong>Anglo</strong> <strong>Platinum</strong> Limited


<strong>Anglo</strong> <strong>Platinum</strong>’s response to <strong>ActionAid</strong> allegations<br />

Introduction<br />

This report contains <strong>Anglo</strong> <strong>Platinum</strong>’s response to the serious allegations made by<br />

<strong>ActionAid</strong> in their report entitled “Precious Metal – The impact of <strong>Anglo</strong> <strong>Platinum</strong> on poor<br />

communities in Limpopo, South Africa which was released by <strong>ActionAid</strong> on 26/3/2008.<br />

We take our commitments to our host communities extremely seriously and are strongly<br />

of the view that the <strong>ActionAid</strong> report is extremely one-sided and contains many<br />

inaccuracies. We have therefore deemed it appropriate to release a report of our own so<br />

that our stakeholders and broader society can make an informed decision as to whether<br />

we at <strong>Anglo</strong> <strong>Platinum</strong> are indeed acting responsibly or not.<br />

• The report has been broadly structured so as to:<br />

• provide a complete overview of <strong>Anglo</strong> <strong>Platinum</strong>’s operations in South Africa and<br />

specifically the Limpopo Province as the <strong>ActionAid</strong> omitted to provide information on<br />

key <strong>Anglo</strong> <strong>Platinum</strong> operations in the Limpopo province;<br />

• set the context within which South Africa is placed post the years of under development<br />

inflicted on communities during Apartheid;<br />

• give an overview of some of our sustainable development projects in the province so<br />

that the reader can get a flavour of the positive work we are doing in the comm. unities<br />

and for the environment (full details are included in the Company’s Sustainable<br />

Development Reports which are available at www.angloplatinum.com);<br />

• deal specifically with the inaccuracies in the <strong>ActionAid</strong> report as they pertain to PPL<br />

(renamed RPM Mogalakwena Section), Twickenham and Modikwa mines; and<br />

• detail a way forward and recommendations on how we will continue to address the<br />

community and environmental challenges we at <strong>Anglo</strong> <strong>Platinum</strong> face.<br />

March 2008 |<br />

5


The Facts<br />

Section 1<br />

Company background and operations<br />

The <strong>ActionAid</strong> chose to focus their research only at two wholly-owned and one joint<br />

venture operation in Limpopo Province, despite the title of the report. In this section we<br />

deem it appropriate to provide a complete overview of <strong>Anglo</strong> <strong>Platinum</strong>’s operations.<br />

<strong>Anglo</strong> <strong>American</strong> plc is the majority shareholder and holds a 76.5% (not 74.75% as reported<br />

by <strong>ActionAid</strong>) share in <strong>Anglo</strong> <strong>Platinum</strong>. <strong>Anglo</strong> <strong>Platinum</strong>’s major wholly-owned subsidiaries<br />

include:<br />

• Rustenburg <strong>Platinum</strong> Mines Limited (RPM) Rustenburg Section, Union Section and<br />

Amandelbult Section (Limpopo Province), which now also includes Potgietersrust<br />

<strong>Platinum</strong>s Limited (PPL) which has been renamed RPM Mogalakwena Section;<br />

• Lebowa <strong>Platinum</strong> Mines Limited (Lebowa); and<br />

• Twickenham.<br />

The Group currently holds a 22.5% share of Northam <strong>Platinum</strong>. This share, along with the<br />

Group’s 50% stake in the Booysendal project, is to be sold to Mvelaphanda Resources as a<br />

part of a broad-based balck economic empowerment transaction. The Group is also<br />

engaged in joint ventures and partnerships with:<br />

• ARM <strong>Platinum</strong>, an HDSA1 mining company, to operate the Modikwa <strong>Platinum</strong> Mine<br />

(Limpopo Province);<br />

• Royal Bafokeng Resources, an HDSA partner, over the combined Bafokeng-Rasimone<br />

<strong>Platinum</strong> Mine (BRPM)/Styldrift properties;<br />

• Lonmin <strong>Platinum</strong> and HDSA partners, the Bapo Ba Mogale community and<br />

Mvelaphanda, over the Pandora PGM reserves;<br />

• Bakgatla-Ba-Kgafela community over Union Section (Limpopo);<br />

• XK partnership including Xstrata to operate the Mototolo Mine (Limpopo); and<br />

• Aquarius <strong>Platinum</strong> at Kroondal and Marikana mines and our shallow reserves at<br />

Rustenburg Section.<br />

The Group’s smelting and refining operations are wholly owned through RPM and situated<br />

in South Africa, with Polokwane Smelter being located in Limpopo Province. These<br />

operations treat concentrates from wholly-owned subsidiaries and joint ventures. The<br />

location of all these operations can be seen on the map in Figure 1.<br />

<strong>Anglo</strong> <strong>Platinum</strong> has, over the past few years, won many awards for its social and<br />

environmental programmes which have been judged by independent experts in the social<br />

and environmental fields. Some of these include:<br />

• The Nedbank Green Mining Award was won in 2006 for our overall sustainability<br />

performance which evaluated social, economic and environmental performance and<br />

we again won in 2007 in the environmental category for the environmental programmes<br />

at Amandelbult Mine,<br />

• The Mail and Guardian Investing in the Future Award in 2006 which evaluated the<br />

social economic development performance of the organization;<br />

1 HDSA – Historically disadvantaged South African<br />

6 |<br />

<strong>Anglo</strong> <strong>Platinum</strong> Limited


<strong>Anglo</strong> <strong>Platinum</strong>’s response to <strong>ActionAid</strong> allegations<br />

Figure 1: Locality map of <strong>Anglo</strong> <strong>Platinum</strong>’s operations in South Africa<br />

• The Govan Mbeki Housing Award which was received for our development of low and<br />

middle income housing projects; and<br />

• the “Company of the Future” Survey which evaluated social and economic<br />

performance.<br />

In addition, <strong>Anglo</strong> <strong>American</strong> also won prestigious national awards in 2007 for our social<br />

investment and sustainable development activities. The <strong>Anglo</strong> <strong>American</strong> Chairman’s<br />

Fund was ranked as the best corporate grant given in South Africa for the seventh<br />

consecutive year by our business and NGO peers. Meanwhile, our enterprise development<br />

initiative, <strong>Anglo</strong> Zimele, was ranked as the best small business development initiative in<br />

South Africa. Both of these initiatives operate in Limpopo province but, like the <strong>Anglo</strong><br />

<strong>Platinum</strong> awards, Action Aid makes no mention of them.<br />

The South African Context and <strong>Anglo</strong> <strong>Platinum</strong>’s Operations<br />

within that<br />

South Africa is a developmental state which experienced decades of uneven development<br />

during the apartheid period from 1965 to 1994. This led to imbalances in the South African<br />

society that the present democratically elected government is attempting to rectify through<br />

numerous transformation programmes within society and business. As a result of this<br />

legacy of under development many of the communities around <strong>Anglo</strong> <strong>Platinum</strong>’s<br />

operations are impoverished and have never had access to education, employment, or<br />

fresh running water, nor have many owned land.<br />

Furthermore large numbers of people were forcibly moved from their land by the apartheid<br />

government into what were formally known as homelands or self governing territories.<br />

March 2008 |<br />

7


The Facts<br />

This resulted in large population densities in these homelands with very little development.<br />

<strong>Anglo</strong> <strong>Platinum</strong>’s PPL, Lebowa, Union and Twickenham mines all fall within areas that<br />

were previously classified as homelands. Within a 50 km radius of our operations we<br />

estimate a total rural underdeveloped population of approximately 4 million people living<br />

in more than 1200 villages.<br />

Communities within these former homelands or self governing territories have huge<br />

expectations that they will experience rapid development and upliftment in the democratic<br />

South Africa. <strong>Anglo</strong> <strong>Platinum</strong> wishes to play its part in helping these South Africans to take<br />

their rightful place in the economy of today’s democratic South Africa.<br />

8 |<br />

<strong>Anglo</strong> <strong>Platinum</strong> Limited


<strong>Anglo</strong> <strong>Platinum</strong>’s response to <strong>ActionAid</strong> allegations<br />

Section 2<br />

<strong>Anglo</strong> <strong>Platinum</strong> and sustainable development<br />

<strong>Anglo</strong> <strong>Platinum</strong> is committed to the principles of sustainable development, by which we<br />

mean striking an optimal balance between economic, environmental and social<br />

development. We will strive to innovate and adopt best practice, wherever we operate,<br />

working in consultation with stakeholders. This section provides some actual examples<br />

from the Limpopo Province of our sustainable development work, which demonstrates<br />

that the Company does indeed respect communities and human rights, contrary to<br />

allegations made by <strong>ActionAid</strong> on 26/3/2008. Additional details and the track record of<br />

our programmes can be found in the Company’s sustainable development reports which<br />

have been independently audited and released publicly since 2002. These reports are<br />

available in PDF format on our website at www.angloplatinum.com should you wish to<br />

download them.<br />

In summary though, <strong>Anglo</strong> <strong>Platinum</strong>, through its parent company <strong>Anglo</strong> <strong>American</strong>, has a<br />

firm commitment to the Universal Declaration on Human Rights, to the ten principles of<br />

the Global Compact and is a party to the Voluntary Principles on Security and Human<br />

Rights. We have put in place a number of governance processes, management systems<br />

and reviews to ensure that the positive impacts of mining are maximized, negative impacts<br />

avoided or minimized and human rights respected.<br />

We believe that the great majority of communities associated with our operations are<br />

supportive of mining and the opportunities which it creates. We also recognize that there<br />

are groups that are against mining and the impacts it causes, and attempt to engage with<br />

these groups and address their concerns. In addition to the employment and business<br />

opportunities which we create and the tax revenues we generate through the operation of<br />

our core business we have been amongst the leading mining companies in seeking to<br />

improve the developmental impacts of our operations and have been recognized for this<br />

as detailed in the introduction.<br />

Some examples of the positive work we are doing includes initiatives like pre-employment<br />

training to enable people to seek jobs (Case Study 1), local enterprise development (Case<br />

Study 2), sustainable livelihood and HIV/AIS initiatives (Case Study 3), training of the<br />

local police services in the voluntary principles on security and human rights (Case Study<br />

4), local beneficiation of platinum to create jobs (Case Study 5), improving living conditions<br />

(Case Study 6) and local procurement drives.<br />

March 2008 |<br />

9


The Facts<br />

Case Study 1<br />

MINE TRAINING CENTRE BEING DEVELOPED TO GROW LOCAL SKILLS<br />

AND CREATE JOBS<br />

<strong>Anglo</strong> <strong>Platinum</strong> has publicly announced that it has approved a R283 million Mine Training Centre<br />

to be constructed on its Twickenham Mine property in support of the social and labour plans for<br />

its new mining projects in Limpopo.<br />

The Mine Training Centre will support the training needs of 2 000 new mining employees per<br />

annum and will feed trained employees to new and existing mining projects on the Eastern Limb<br />

of the Bushveld Complex. The Mine Training Centre will include surface and underground training<br />

facilities to equip employees with conventional and mechanized mining skills to match the spread<br />

of mining techniques employed by <strong>Anglo</strong> <strong>Platinum</strong>.<br />

Constructions commenced in June 2007 with the first trainees enrolled. We are committed to<br />

improving our operating efficiency and recognize the positive effects that strong local communities<br />

around our operations have on performance. Sello Moloto, Premier of Limpopo province said,<br />

“The importance of job creation and poverty alleviation in Limpopo can not be emphasized enough<br />

and the appropriate skills acquisition is very important to support the expanding platinum mining<br />

business in our province.”<br />

In addition to the 2 000 trainees the project will provide 100 new permanent employment<br />

opportunities at the mine as well as 100 employment opportunities during the construction phase<br />

in the Limpopo province. Practical underground training in a working environment is the primary<br />

focus of the Mine Training Centre, however supervisory, infrastructure development and<br />

maintenance skills training will also be catered for. To complement the Mine Training Centre <strong>Anglo</strong><br />

<strong>Platinum</strong> has significantly increased its artisan training and tertiary education funding. <strong>Anglo</strong><br />

<strong>Platinum</strong>’s Engineering Skills Training Centre (“ESTC”) in Gauteng is currently undergoing a R27<br />

million upgrade to increase capacity and plans, over the next 5 years, to provide 1 400 qualified<br />

artisans. Over the same period <strong>Anglo</strong> <strong>Platinum</strong> will provide over 340 new bursaries to students at<br />

tertiary institutions, complimenting the current 486 bursars and providing a pipeline of graduates<br />

to satisfy the skills requirements of the new mines.<br />

View across the Mine Training Centre development area at Twickenham mine<br />

10 |<br />

<strong>Anglo</strong> <strong>Platinum</strong> Limited


<strong>Anglo</strong> <strong>Platinum</strong>’s response to <strong>ActionAid</strong> allegations<br />

Case Study 2<br />

ANGLO PLATINUM BUSINESS LINAKGE CENTRES<br />

In order to support local economic development<br />

in the communities around our operations a<br />

number of business linkage centres have been<br />

established to service Burgersfort, Lebowa,<br />

Mokopane, Thabazimbi, Mogwase and<br />

Rustenburg.<br />

Some of the companies assisted include:<br />

Mpatsagomo General Trading<br />

Mpatsagomo General Trading (MGT) is a closed corporation providing various services to Lebowa Mine. The<br />

company is owned by 32-year-old Brandy Modise who lives at Monametse village – one of the local villages. MGT<br />

initially had a cleaning contract with Lebowa <strong>Platinum</strong> Mine, which was recently renewed for a further 12 months.<br />

During 2006 the company participated in the BEE vendor development programme. Through this programme, the<br />

company expanded and has ventured into the construction industry. MGT recently secured a construction contract<br />

to provide stalls and a storeroom for local vendors who sell fresh produce to the mine’s employees. Financing to<br />

purchase the construction materials was provided.<br />

Vukuzenzele Trading<br />

Simon Makofane, a 58-year-old man from Praktiseer, which is close to Burgersfort, has been in the gardening<br />

business for many years. Simon has always worked as an employee, however in 2005 he decided to set up his<br />

own business called Vukuzenzele Trading. One of Simon’s early contracts was with Twickenham Mine where he<br />

had to plant over 100 trees at Mopetsi Camp. Through the incubator approach to business development Simon<br />

was capacitated in the tendering and invoicing processes and granted finance. Since this project, Simon started a<br />

gardening service and is currently providing services to 15 families in the town of Burgersfort. His company has<br />

also been referred to Libsa Tubatse, a business support initiative of the local municipality that <strong>Anglo</strong> <strong>Platinum</strong><br />

co-funds. Here Simon’s son, who is also part of the business, will receive training on how to run a business so that<br />

he can assist Simon with the daily running of the business.<br />

Mahlangu Bus Services<br />

Modikwa Mine capitalised on a great opportunity for empowerment and capacity building, when it entered into a<br />

five-year contract with a local BEE company to provide transport for its employees. As part of the mine’s increased<br />

focus on safety across all aspects of its operation, a condition of the agreement was that Burgersfort-based<br />

Mahlangu Bus Services adds ten new vehicles to its fleet.<br />

Unfortunately, BEE entrepreneur David Mahlangu encountered major difficulties when he attempted to raise the<br />

finance for the new vehicles. Through the intervention of the local HUB, sufficient finance for the company to<br />

replenish its fleet was secured and the new buses were officially handed over at a ceremony on 22 October 2007.<br />

The incubator approach to business development will continue to supply these businesses with mentorship,<br />

guidance and technical support to ensure long-term and sustainable growth.<br />

March 2008 |<br />

11


The Facts<br />

Case Study 3<br />

ADDRESSING HIV/AIDS AND GENDER-BASED VIOLENCE:<br />

THE IMAGE PROJECT<br />

In South Africa, as in many other countries, poverty and unequal power relationships between<br />

men and women shape the nature of sexual relationships. What does encouraging a girl to<br />

abstain from sex mean, when a relationship with an older man could put food on the table And,<br />

for women experiencing domestic violence, how can they suggest using a condom, knowing the<br />

reaction this might provoke<br />

In sub-Saharan Africa, women make up the majority of those infected with HIV, and young women<br />

are three times more likely to get infected with HIV than young men. To get to the root of the<br />

problem, we have to go deeper and look at poverty, violence against women and women’s unequal<br />

status in society.<br />

The Rural AIDS & Development Action Programme (RADAR) had experience with HIV training and<br />

research, but needed a partner who could help tackle economic and social aspects. RADAR found<br />

a willing and suitable partner in the Small Enterprise Foundation (SEF), which had been doing this<br />

kind of work for years. Out of this partnership, the IMAGE (Intervention for Micro-finance AIDS &<br />

Gender Equity) Project was formed: a community-based intervention that combines micro-finance<br />

– the provision of small loans to poor households for income-generating activities – with a 12- to<br />

15-month gender and HIV training curriculum. The purpose of IMAGE is to improve the economic<br />

wellbeing and independence of communities, reduce vulnerability to both HIV and gender-based<br />

violence, and foster robust community mobilisation to address common concerns.<br />

Through various <strong>Anglo</strong> <strong>Platinum</strong> support initiatives, the IMAGE Project was able to expand<br />

substantially between 2004 and 2007, reaching over 4,500 households in 83 villages in the<br />

Sekukhuneland area.<br />

Micro-finance and gender equity training is a one-hour participatory session integrated into loan<br />

centre meetings every two weeks. One loan centre is established for each group of 40 women.<br />

The women are given a six-month structured curriculum and must participate in a six-month<br />

community mobilisation phase to develop village action plans around gender and HIV.<br />

Research by the University of Witwatersrand has shown, over a two-year period, households<br />

experience substantial improvements in economic wellbeing, the status of women is greatly<br />

improved, levels of violence are reduced by over 50%, loan repayment rates were at 99.7% and<br />

there was a 25% increase in levels of condom use.<br />

Comments from participants<br />

“I do not think we would have made it working as individuals.”<br />

“If one member has a problem, the sun will never go down without us knowing it.”<br />

“When I joined the project, I could not say the word condom, let alone use one. Today, I understand<br />

that condoms are important for my life and that of my children.”<br />

The World Health Organisation (WHO) Commission for the Social Determinants of Health in 2007<br />

selected the IMAGE Project as one of 12 global case studies. With <strong>Anglo</strong> <strong>Platinum</strong>’s commitment<br />

to additional support for 2008 to 2011, IMAGE will expand programme activities to reach over<br />

15,000 households in villages surrounding <strong>Anglo</strong> <strong>Platinum</strong> mining developments, focusing on the<br />

Mokopane, Fetakgomo, Greater Tubatse, Thabazimbi and Polokwane areas.<br />

12 |<br />

<strong>Anglo</strong> <strong>Platinum</strong> Limited


<strong>Anglo</strong> <strong>Platinum</strong>’s response to <strong>ActionAid</strong> allegations<br />

Case Study 4<br />

PROTECTION SERVICES HUMAN RIGHTS TRAINING<br />

The human rights training programme covers a range of issues including introduction and<br />

awareness to general human rights and protection services human rights-related issues. The<br />

<strong>Anglo</strong> <strong>Platinum</strong> courses included basic training on the Company’s vision and values, code of<br />

ethics, employment and labour rights, employment equity policy, sexual harassment and<br />

employment of women in risk areas.<br />

The purpose of this course was to create awareness and sensitivity of human rights issues among<br />

supervisory and operational protection services personnel and also to promote internal application<br />

of human rights principles in the protection services.<br />

To evaluate the knowledge of security personnel, various assignments were carried out, including<br />

understanding international human rights, the South African bill of rights, <strong>Anglo</strong> <strong>Platinum</strong>’s HIV/<br />

AIDS policy, power of arrest, the use of firearms, and industrial action-related issues.<br />

Since the programme started, 97% and 81% of the existing 1,116 protection personnel and 756<br />

contractors have been trained, respectively.<br />

<strong>Anglo</strong> <strong>Platinum</strong> became aware of allegations made by some community members against the<br />

South African Police Service (SAPS) after conflicts about resettlements in various areas, including<br />

around Modikwa Mine. To assist in resolving this situation, <strong>Anglo</strong> <strong>Platinum</strong>’s protection services<br />

reviewed the outdated SAPS course and funded the development of a revised programme. The<br />

<strong>Anglo</strong> <strong>Platinum</strong> voluntary principles on security and human rights training programme were<br />

incorporated into the SAPS course. The revised programme covered general human rights<br />

principles, the rights of victims of crime and witnesses, the rights of offenders, the rights of the<br />

public, labour rights of SAPS officials and the right to just administrative action. This initiative<br />

could have a national impact on human rights, as the course will be adopted by the National<br />

Police College and delivered across the country from early 2008.<br />

March 2008 |<br />

13


The Facts<br />

Case Study 5<br />

PLATINUM TRUST OF SOUTH AFRICA (PTSA)<br />

The <strong>Platinum</strong> Trust of South Africa was formed in 2003 in partnership with the North West<br />

government, <strong>Anglo</strong> <strong>Platinum</strong> and the Small Enterprise and Development Agency (Department of<br />

Trade and Industry) to address socio-economic challenges in South Africa by promoting value<br />

addition in platinum group metals.<br />

This initiative aims to improve levels of skill, technology and art of platinum jewellery manufacture<br />

and ensure high-quality jewellery production for local and international markets. This will be<br />

achieved by developing a better understanding of this unique material, its manipulation, design<br />

characteristics, and using the latest relevant technology in manufacture.<br />

The SEDA <strong>Platinum</strong> Incubator enrolled its first students in March 2007. After eight months of<br />

intensive training, skill levels have improved dramatically, and 14 students will obtain mining<br />

qualification authority (MQA) learnerships in 2008. The standard of workmanship is impressive<br />

and the incubator is making marketable products for a number of clients, including the World of<br />

<strong>Platinum</strong> marketing company.<br />

The initial focus on the <strong>Platinum</strong> Trust of South Africa is in the jewellery sector where the aim of<br />

setting up an arranged production facility and market company has become a reality.<br />

The World of <strong>Platinum</strong> marketing company was created to provide the commercial vehicle for<br />

products manufactured locally and at the incubator. The first product is branded platinum jewellery<br />

under the Djadji <strong>Platinum</strong> brand. Djadji <strong>Platinum</strong> has been on the market for two years and is now<br />

available in 25 retail outlets across South Africa. World-class jewellery pieces, either plain or set<br />

with diamonds from the local Panda Diamonds Group, are quickly becoming popular with both<br />

local and overseas clientele.<br />

Globally the trend, especially with high-value products, is moving towards branded products<br />

because of brand consumer confidence.<br />

Although a new brand, Djadji <strong>Platinum</strong> is starting to make inroads into the hearts and minds of<br />

consumers. Backed by a reputable organisation such as <strong>Anglo</strong> <strong>Platinum</strong>, the brand should become<br />

a recognisable icon in future.<br />

Milestones in local platinum jewellery market development<br />

SEDA <strong>Platinum</strong> Incubator<br />

2006 Renovation and setting up workshops to manufacture platinum jewellery<br />

Recruitment of teaching staff<br />

Memorandum of understanding concluded with Rustenburg Orbit FET College<br />

2007 Intake of 18 learners<br />

Full accreditation of Orbit College by MQA<br />

Top 10 place in PlatAfrica competition in professional category<br />

Most contemporary piece winner in student category in PlatAfrica competition<br />

4 virtual tenants and 2 tenants signed up<br />

3 new businesses started<br />

World of <strong>Platinum</strong> marketing company<br />

2006 Brand developed<br />

2007 Relaunch of brand at Women’s World Cup of Golf in South Africca<br />

Sales and distribution agreement with Panda Diamonds<br />

Retailing in 25 retail outlets across South Africa<br />

14 |<br />

<strong>Anglo</strong> <strong>Platinum</strong> Limited


<strong>Anglo</strong> <strong>Platinum</strong>’s response to <strong>ActionAid</strong> allegations<br />

Case Study 6<br />

ANGLO PLATINUM IMPROVES LIVING CONDITIONS<br />

In September 2007, <strong>Anglo</strong> <strong>Platinum</strong> unveiled its R365 million accommodation project. This will<br />

significantly improve the living conditions of 17,568 employees currently living in hostel<br />

accommodation. During the ceremony, 3,200 newly refurbished double accommodation units at<br />

Union Mine’s Etafeni Village in Limpopo were officially handed over to the new residents.<br />

In his address, acting joint chief executive Duncan Wanblad said that the event marked the<br />

beginning of an ambitious and long-awaited housing project. He explained that the Company’s<br />

goal was to transform all its hostels across the division into modern single-accommodation units.<br />

This endeavour, he said, was especially significant in light of the historical legacy of hostels in<br />

South Africa. The refurbished units provide for greater privacy and come with a living area and<br />

bathroom facilities. “In terms of the broader housing framework, we are also involved in<br />

development projects to ensure that we promote home ownership for employees who prefer this<br />

option.”<br />

The unveiling was attended by Limpopo MEC for Local Government and Housing, the Honourable<br />

Maite Nkoana-Mashabane, who said that the project signified a change in government’s housing<br />

policy, in partnership with the private sector. It is our view that this project will contribute immensely<br />

to social cohesion and the integration of families. The employees will now live like human beings<br />

with their fellow workers, without being packed in a hall without any privacy.”<br />

The MEC said: “We appeal to other mining houses to follow the path and example that <strong>Anglo</strong><br />

<strong>Platinum</strong> has undertaken. Together, united in action, we will fight this battle to shelter those who<br />

cannot afford to put roofs over their heads.”<br />

From these few examples of what <strong>Anglo</strong> <strong>Platinum</strong> is doing in the communities in Limpopo<br />

Province it is evident, contrary to the allegations made by <strong>ActionAid</strong>, that we are indeed<br />

living up to the principles of sustainable development and we are not neglecting the<br />

communities around our operations.<br />

March 2008 |<br />

15


The Facts<br />

Section 3<br />

PPL – Our side of the story<br />

PPL Mine, which has been renamed RPM - Mogalakwena section, is located 20 km northwest<br />

of the town of Mokopane and falls within the Limpopo Province’s, Waterberg District<br />

(DC36) and Mogalakwena Local Municipalities (one of six local municipalities that makes<br />

up the district). Adjacent local municipalities include Aganang, Polokwane and Lepele-<br />

Nkumpi municipalities. The estimated population in the municipality, which is made up<br />

of 31 wards, is 300 000 2 with an unemployment rate of 48%.<br />

The present day mine opened in 1991. However, mining by the company Potgietersrust<br />

<strong>Platinum</strong>’s Limited first commenced in 1926 and later ceased. <strong>Anglo</strong> <strong>Platinum</strong> and its<br />

wholly owned subsidiaries are the current owners (and have been since 1926) of the<br />

mineral rights (old order right) over areas marked as “mining license” in Figure 2 3 and<br />

have applied for new order rights over this same area.<br />

Figure 2: Map showing the area over which PPL has the legal right to mine.<br />

2 Based on 2001 census data<br />

3 In South Africa, the Mineral and Petroleum Resources Development Act, No 28 of 2002<br />

(MPRDA), was implemented on 1 May 2004, and effectively transferred custodianship of the<br />

previously privately held mineral rights (old order rights) to the state. Mining companies were<br />

given up to five years to apply for mining licence conversions to mining rights (new order<br />

rights) for existing operations.<br />

16 |<br />

<strong>Anglo</strong> <strong>Platinum</strong> Limited


<strong>Anglo</strong> <strong>Platinum</strong>’s response to <strong>ActionAid</strong> allegations<br />

The mine has operated two open pits, namely Zwartfontein south and Sandsloot. The new<br />

PPRust north pit is currently under development. The location of these pits, and the<br />

villages discussed in more detail in the next section, can be seen clearly in Figure 3.<br />

Figure 3: Map showing the location of the open pits and villages at PPL. Satellite image date October<br />

2007.<br />

Whilst <strong>Anglo</strong> <strong>Platinum</strong> has the mineral rights over the areas marked in Figure 2 it does not<br />

own the surface rights. The rights to the surface belong to the government and the Mapela<br />

Traditional Authority on behalf of the tribe, which is headed by Kgoshigadi Langa who is<br />

Kgoshigadi (queen) for all the communities that fall within the mineral lease :<br />

• Overysel 815 LR – Ga Sekhaolelo<br />

• Zwartfontein 818 LR – Ga Puka<br />

• Vaalkop 819 LR – Ga Molekana, old Ga Pila and Ga Masenya<br />

• Sandsloot 236KR – Ga Pila<br />

The mine has, since 1993, leased certain portions of the farms Overysel, Zwartfontein and<br />

Vaalkop for the remaining economic life of the mine in return for payment of an initial<br />

lump sum rental of R1 200 000 (1993 terms) and an annual rental (initially R5 000),<br />

escalating at 10% each year and currently at R58 000. These lease payments are paid to an<br />

account of the Local Magistrate Court for the benefit of the Mapela Tribal Authority and<br />

are based on the agricultural potential of the land. This lease gives PPL the right to the<br />

surface portions covered by the lease.<br />

Therefore <strong>Anglo</strong> <strong>Platinum</strong> and its wholly owned subsidiary PPL has the legal right to be<br />

mining within the mineral lease area and obtained these rights through the proper legal<br />

processes. We find the comments attributed to Richard Spoor on page 30 of the <strong>ActionAid</strong><br />

report which state <strong>Anglo</strong> <strong>Platinum</strong> has, “no respect for the principles of law….and<br />

criminalizes the resistance of the community in order to crush them” highly offensive and<br />

defamatory.<br />

March 2008 |<br />

17


The Facts<br />

The Story of Ga-Pila<br />

<strong>Anglo</strong> <strong>Platinum</strong> acknowledges that resettlement programmes are extremely disruptive for<br />

communities and the full impact of relocation is often only felt after the relocation process<br />

is completed. However, where done well resettlements afford the opportunity to greatly<br />

enhance living conditions in affected communities. Given the inaccuracies in the<br />

<strong>ActionAid</strong> report it is important to tell the full story of Ga-Pila.<br />

As part of the early planning process for the development of the Sandsloot open pit on the<br />

farm Sandsloot 236 KR in the mid-1990’s, an environmental impact assessment (EIA)<br />

study was conducted. The EIA revealed that Ga-Pila community, which occupied 553<br />

hectares of agricultural land, would be exposed to safety and significant environmental<br />

impacts including blasting vibrations, noise, dust and possible decrease in groundwater<br />

yields. These findings led the mine to consider other mining alternatives. None of these<br />

alternatives mitigated the significant impacts predicted in the EIA and therefore a decision<br />

was taken to explore the possibility of relocation.<br />

Kgoshigadi Langa was approached by PPL to trigger discussions on relocating the Ga-Pila<br />

community to Sterkwater. These discussions lasted many years and involved extensive<br />

consultation with the communities and traditional leaders and were finalized in 2001<br />

when the Ga-Pila community agreed collectively to relocate.<br />

The relocation involved 706 households as well as infrastructure and services, including<br />

water reticulation supply, electricity, new schools and churches. The amount spent on the<br />

relocation (in 2003 money terms) was R192 million. This relocation process was guided by<br />

the then World Bank Resettlement guidelines and included the construction of 706 new<br />

houses; roads; eight shops; two churches and two schools; a clinic and a crèche; and bulk<br />

infrastructure over land covering 828 hectares (Figure 4).<br />

Figure 4: Pictures of some of the general infrastructure at Ga-Pila<br />

A typical house in Ga-Pila<br />

Ga-Pila community centre financed by PPL<br />

Stormwater drains being inspected at Ga-Pila<br />

18 |<br />

<strong>Anglo</strong> <strong>Platinum</strong> Limited


<strong>Anglo</strong> <strong>Platinum</strong>’s response to <strong>ActionAid</strong> allegations<br />

An additional R20 million was set aside for community development and poverty alleviation<br />

and a further R5 million was provided to assist the community to fund development<br />

projects. Each household was paid an amount of R5 000 as a settling in allowance intended<br />

to pay for incidental costs of moving house. More recently a further R8 million was made<br />

available by PPL for the construction of a community hall (Figure 4).<br />

Once construction was completed on the new Ga-Pila, more than 7000 people willingly<br />

moved, with no forced evictions (contrary to <strong>ActionAid</strong> insinuations on page 17). As<br />

families moved across to their new homes, they were given the opportunity to salvage all<br />

useable items from their houses including doors, window frames and roofs. This made<br />

the dwellings unsafe for habitation and for this reason, along with the need to prevent<br />

illegal squatting their old houses were demolished (as mentioned on page 19 of the<br />

<strong>ActionAid</strong> report). Some 7 000 people who moved represent 98% of the affected community<br />

freely agreeing to the resettlement. It is unclear what definition of democracy <strong>ActionAid</strong><br />

uses to conclude that “the community” was against the resettlements.<br />

Support for the new village received high ranking government approval and the new<br />

Ga-Pila in Sterkwater was officially opened by the then Premier of Limpopo Province,<br />

Ngoako Ramatlhodi at a ceremony attended by the community.<br />

Despite the majority of the community having moved and with the agreement of the<br />

traditional authorities and local government, 27 households have refused to move,<br />

including Elizabeth Mogale, Rose Dlabela and Abel Mogale 4 amongst others.<br />

<strong>Anglo</strong> <strong>Platinum</strong> has taken a decision not to forcibly remove these families and engagement<br />

is continuing.<br />

Essentially these remaining 27 households have chosen to live where they live even<br />

though their new houses have been provided and remain vacant.<br />

From <strong>Anglo</strong> <strong>Platinum</strong>’s sources on the ground it is our submission that the reason these<br />

families have chosen to remain behind is that they have been promised, by external<br />

parties, including lawyers, that if they remain behind they will receive greater financial<br />

compensation than that received by those who have moved to new houses.<br />

4 These people’s stories are told in the <strong>ActionAid</strong> report on Pages 17 – 19.<br />

March 2008 |<br />

19


The Facts<br />

<strong>Anglo</strong> <strong>Platinum</strong> and Water Management – Nitrates in the Water<br />

<strong>Anglo</strong> <strong>Platinum</strong> has an extensive on-site surface and ground water monitoring programme. It<br />

does not however sample all water sources used by the surrounding communities as this is the<br />

responsibility and function of the Department of Water Affairs.<br />

In the vicinity of the tailings dam complex, the mine has 17 monitoring boreholes. Their information<br />

is sent to an independent geo-hydrology specialist for interpretation and is submitted in an annual<br />

report to the Department of Water Affairs and Forestry.<br />

Excessive nitrates concentrations are a common form of water pollution, including in areas with<br />

no history of mining. The most common causes include seepage of untreated sewage and poor<br />

application of agricultural fertilizers. Water results around the mine have shown slightly elevated<br />

levels of nitrate in close proximity to communities and this is attributed to sewerage run-off and<br />

pit latrine systems, as these communities have no formal sewerage systems. <strong>Anglo</strong> <strong>Platinum</strong> is<br />

puzzled on what basis <strong>ActionAid</strong>’s water specialist dismissed “raw sewerage seeping into<br />

groundwater” (Page 18 Box 4) as a basis for the elevated nitrates.<br />

A mass-transport two-dimensional finite element water model is employed for modeling the risk<br />

of contamination from the tailings dams. Results show that there are slightly elevated<br />

concentrations of nitrates and sulphates immediately adjacent to the tailings dam. The groundwater<br />

model shows that these elevated concentrations will not migrate towards Ga Molekana. This has<br />

been confirmed by an independent geo-hydrologist. Should the mine be found to be responsible<br />

for any water quality problem we would of course take all appropriate steps to address the<br />

situation.<br />

<strong>Anglo</strong> <strong>Platinum</strong> would welcome the opportunity to get the full details of exactly where samples<br />

were taken by <strong>ActionAid</strong> so that if there is indeed a water problem it can be addressed. Although<br />

we are not sure exactly where the <strong>ActionAid</strong> water samples were taken, we have already<br />

commissioned additional sampling in the areas mentioned by <strong>ActionAid</strong> to confirm if there is<br />

indeed a problem or not. We will make results publicly available and if there is a problem we will<br />

raise this immediately with the appropriate government agencies.<br />

The Ga Puka and Ga Sekhaolelo Story<br />

The need for the move<br />

The Ga Puka and Ga Sekhaolelo villages are located in the northern portion of the PPL<br />

mineral lease area (Figure 3). The mine began planning for the PPRust north pit in the mid<br />

1990’s. An Environmental Impact Assessment (EIA), guided by the environmental<br />

management programme (EMPR), began to determine the potential social and<br />

environmental impacts from the proposed open pit at PPRust north. From the mine plan<br />

and EIA process specialist studies showed that Ga Puka and Ga Sekhaolelo communities<br />

would need to be relocated to mitigate the safety and environmental risks posed by mining<br />

PPRust north. When no viable alternative to resettlement could be found, the mine began<br />

an extensive consultation process to seek approval for resettlement.<br />

Typical existing houses in Ga Puka and Ga Sekhaolelo are shown in Figure 5.<br />

20 |<br />

<strong>Anglo</strong> <strong>Platinum</strong> Limited


<strong>Anglo</strong> <strong>Platinum</strong>’s response to <strong>ActionAid</strong> allegations<br />

Figure 5: Typical houses in Ga Puka and Ga Sekhaolelo<br />

The consultation process begins<br />

Since the consultation process has been so extensive and public <strong>Anglo</strong> <strong>Platinum</strong> is puzzled<br />

as to how <strong>ActionAid</strong> could claim that the communities are being forced to relocate. The<br />

major milestone steps in this consultation process were:<br />

In early 1998 PPL engaged with the Mapela Tribal Authority, under the leadership of the<br />

Kgoshigadi Langa on the relocation of the two communities Ga Puka and Ga Sekhaolelo.<br />

• On 24 October 1998 the Kgoshigadi requested that two Relocation Steering Committees<br />

be formed to deal with the relocation of the Motlhotlo village (refers to Ga Puka & Ga<br />

Sekhaolelo).<br />

• The local Headmen (Puka and Sekhaolelo) issued a public notice inviting the<br />

community to a meeting to elect ten (10) people for Ga Sekhaolelo and sixteen (16)<br />

people for Ga Puka.<br />

• A community meeting was duly convened and these Relocation Steering Committees<br />

were formed.<br />

March 2008 |<br />

21


The Facts<br />

• The task of the Relocation Steering Committee was to negotiate with the PPL mine on<br />

the relocation process.<br />

• During 13 October 2002, the Kgoshigadi called a general meeting, which was overseen<br />

by officials of the Department of Land Affairs, and at which the relocation framework<br />

was discussed. The community was overwhelmingly in favour of the proposed<br />

relocation because of the greatly superior housing, infrastructure and facilities<br />

offered by way of compensation.<br />

• In view of the fact that the two Relocation Steering Committees could not enter into<br />

binding legal agreements or receive payments. It was suggested by the community<br />

that the Section 21 Companies be formed to fulfill this obligation<br />

FACTS ABOUT THE SECTION 21 COMPANIES<br />

The two Section 21 companies set up for the relocation operate as<br />

independent entities, with a set of Memorandum and Articles of<br />

Association. The members of the Section 21 Companies appointed the<br />

initial Directors of the Section 21 Companies. The members may also<br />

appoint/remove Directors at a general meeting.<br />

Any person can become a member of the Section 21 Companies. The<br />

community members have similar rights to those of ordinary shareholders<br />

in an ordinary company with respect to the Board of Directors<br />

The community is entitled to understand and assert its legal rights<br />

throughout the resettlement process and that is why the community had<br />

access to a legal advisor when the community relocation steering<br />

committees were first established in October 1998 and subsequently<br />

through to the establishment of Section 21 Companies.<br />

<strong>Anglo</strong> <strong>Platinum</strong> took a principled position to pay for all costs of consultants<br />

required by the community on all issues arising out of the relocation<br />

process. This includes legal consultants, environmental experts as well<br />

as blasting consultants. Members of the Section 21 companies receive<br />

a stipend .<br />

• In February 2003 the two Relocation Steering<br />

Committees were converted into the Ga-Puka<br />

Relocation and Development Association<br />

Incorporated under Section 21 and the<br />

Ga-Sekhaolelo Relocation and Development<br />

Association Incorporated under Section 21<br />

respectively.<br />

• These two Section 21 Companies were formed<br />

with the sole objective of negotiating and<br />

driving the relocation project.<br />

• The two relocating communities, Ga<br />

Sekhaolelo and Ga Puka, were given an option<br />

of five farms, Armoede, Rooibokfontein,<br />

Mooihoek, Groenfontein and De Hoogedoorns.<br />

The communities themselves opted<br />

for both Armoede and Rooibokfontein, given<br />

their historical connection with the farms<br />

following a forced removal by the Apartheid<br />

government in the 1940s.<br />

• During 13 October 2002 and July 2005 the<br />

various agreements, as mentioned above,<br />

were negotiated through consultations with<br />

the community at more than 300 community<br />

meetings, and the final agreements were then ratified and adopted by both the Ga<br />

Puka and Ga-Sekhaolelo Section 21 Companies in 2005. The head of each household<br />

signed an agreement in which the terms of his/her relocation were agreed together<br />

with the size, and location of the house to which he / she and the family living in the<br />

present house would be relocated.<br />

There continues to be a comprehensive consultation process for the relocation. A <strong>Anglo</strong><br />

<strong>Platinum</strong> acknowledges that there are small factions within the community that are<br />

dissatisfied with the relocation processes for various reasons. These are, inter alia:<br />

• principle differences between the “like-for-like” model used by <strong>Anglo</strong> <strong>Platinum</strong> versus<br />

community expectations that they should be directly “better off” financially post<br />

relocation;<br />

• expectations in the community that they should hold an equity stake in the mine;<br />

22 |<br />

<strong>Anglo</strong> <strong>Platinum</strong> Limited


<strong>Anglo</strong> <strong>Platinum</strong>’s response to <strong>ActionAid</strong> allegations<br />

• some younger members of the community, who previously did not own houses and<br />

lived with their parents, now wanting <strong>Anglo</strong> <strong>Platinum</strong> to provide them with houses in<br />

the new villages.<br />

Figure 6: Signing of agreements with the community in 2005.<br />

It simply cannot be understood how Richard Spoor in the <strong>ActionAid</strong> report can conclude:<br />

“<strong>Anglo</strong> <strong>Platinum</strong> has signed agreements with community representatives and each and<br />

every homeowner (957) on an individual home owner’s agreement. The agreement includes<br />

the homeowner’s approval to relocate to the new villages built on the farms Armoede and<br />

Rooibokfontein. It is true that documents have been signed by individuals authorising their<br />

relocation. But the term ‘agreement’ implies a process of negotiation and informed consent,<br />

whereas with the Motlhotlo relocations – and indeed with other relocation agreements<br />

outlined in this report – villagers say they were presented with a document to sign with<br />

compensation rates unilaterally determined by the mine. It is easy to see why villagers, many<br />

of whom are illiterate, would sign. Some feared they would be left without a home and basic<br />

services if they did not relocate. The Motlhlotlo Development Committees have pointed out<br />

that, ‘many people are so desperately poor that they will accept a crust of bread if that is<br />

what it takes to keep their families alive. This makes them vulnerable to being cheated and<br />

exploited ‘”. There is clear documentary evidence that proper consent has been achieved,<br />

and it is simply inconceivable that 84% of the community would already have willingly<br />

relocated if there was any truth in the allegations that there is widespread opposition.<br />

March 2008 |<br />

23


The Facts<br />

FACTS ABOUT CONSULTATION – FREE, PRIOR INFORMED CONSENT<br />

<strong>ActionAid</strong> claims “communities have been placed under huge pressure to relocate”. Agreements<br />

signed by individuals with the company on the relocation have not, according to <strong>ActionAid</strong>’s<br />

research, sought the “free, prior and informed consent” of villagers. However, the following steps<br />

were taken to ensure each homeowner understood and was able to make, “free, prior and informed<br />

consent”.<br />

1. Local professional consultants who could speak local languages were appointed along side<br />

firms experienced in relocations. This was done to ensure that the whole consultation,<br />

negotiation and planning process was made very clear to the community, to optimize<br />

communication and ensure sensitivity to local community issues and traditions.<br />

2. Training and deployment of a community operational team: fourteen local community members<br />

were selected and employed to act as Architectural Assistants and later Project Management<br />

Assistants. Their primary role was to interface with the community and individually with<br />

homeowners to explain issues related to the relocation as well as explain what was being<br />

offered to individual homeowners. i.e. house plans, their rights and so on. They also provided<br />

feedback to the Project Management on such things as house layouts.<br />

3. A separate scoping EIA process, which included extensive consultation, was followed solely for<br />

the relocation. (A positive record of decision cannot be achieved from government without<br />

proving a pattern of consultation with the community).<br />

4. Construction of show houses: physical show houses and mock-ups of different types of house<br />

finishes were built so that the Community and individual homeowners could see what was<br />

being offered.<br />

5. One-on-one agreements were developed for each homeowner: These specified all aspects of<br />

the new house and monetary compensation. These agreements were scoped in a process with<br />

the homeowner. First the audits (two) of existing households were done and signed off by the<br />

homeowner and the Nduna (headman), second “Red Files” were developed detailing the first<br />

proposal to be presented to homeowners, thirdly “Green Files” were developed incorporating<br />

homeowner comments, and finally the “Green Files” were signed off by each and every<br />

Planning, Consultation & Approvals<br />

homeowner individually. Each stage involved the Community Operational Team facilitating.<br />

Oct-98<br />

Jul-99<br />

Initial Consultation & Communities’ Election of Relocation Committees & Legal Advisors<br />

2003 Formation of Section-21 Companies<br />

First half 2002 Appointment of Professional Team<br />

02-May to 19-Jul-02<br />

13-Oct-02<br />

19-Jun to 30-Aug-02<br />

19-Aug & 26-Sep-02<br />

30-Sep & 15-Nov-02<br />

Consultation iro Scoping & EIA & 2 Audits<br />

Land Holders’ Resolutions & Site Approvals<br />

Draft Scoping & EIA Reports<br />

Public Review of Scoping & EIA Reports<br />

Final Scoping & EIA Reports<br />

DFED Positive RoD on Scoping & EIA 24-Mar-04<br />

Relocation Action & Environmental Management Plans<br />

15-Jul-02 to 18 Aug-03<br />

Finalization & Approval of Town Planning Layouts 18-May-04<br />

DFA Appl’n for Land Use approved by DLG&H<br />

Services Agreement with Municipality<br />

06-Jul-04<br />

19-Jul-04<br />

Jun-04 to Dec-05<br />

Homeowner One-on-one Agreements<br />

J a n - 9 8 J a n - 9 9 J a n - 0 0 J a n - 0 1 J a n - 0 2 J a n - 0 3 J a n - 0 4 J a n - 0 5 J a n - 0 6<br />

Gantt Chart showing key milestone dates of consultation<br />

10<br />

24 |<br />

<strong>Anglo</strong> <strong>Platinum</strong> Limited


<strong>Anglo</strong> <strong>Platinum</strong>’s response to <strong>ActionAid</strong> allegations<br />

Continued Patterns of Engagement<br />

The project team monitoring the relocation hold a number of on-going consultation forums:<br />

• With recognized community leadership in terms of all relocation matters;<br />

• Fortnightly meetings with communities’ legal advisors<br />

• Weekly communication meetings with the Community (Kgoros)<br />

A weekly Kgoro meeting in progress<br />

• Traditional Authority meetings with Kgoshigadi Langa and headman for each village<br />

• With homeowners yet to move invited regularly to inspect progress on their homes<br />

• Active in resettlement process by helping homeowners to move<br />

• Four Community Liaison Officers have been employed from the community to ensure effective<br />

community liaison<br />

The move commences<br />

The resettlement initially started on 29 May 2007 as the new houses were completed (See<br />

Figure 7). However, a faction from the Community (led by the Motlhotlo Development<br />

Committee (MDC)) protested by blocking the public roads with stones and groups of<br />

chanting protestors. This prevented people from leaving or entering the village by vehicle<br />

– including those who wanted to go to work, school, as well as those who wished to relocate<br />

on that day. The police were called by members of the Community who felt intimidated<br />

and restricted by this action. The police deemed this action to be unlawful and requested<br />

that the mine provide a dozer to assist in clearing the roads. When police proceeded into<br />

the village to unblock the roads they were assaulted by protestors who threw stones at<br />

them. The police responded by firing rubber bullets which led to the unfortunate casualties<br />

described in <strong>ActionAid</strong>’s report. <strong>Anglo</strong> <strong>Platinum</strong> certainly does not support unprovoked<br />

or unwarranted or disproportionate police action.<br />

So as not to escalate the situation on the ground the police eventually got agreement from<br />

all parties that the relocation would not continue and that all parties would come to the<br />

table to discuss their differences. This was done and led to the formation of the Task Team<br />

which included members from the MDC, Section 21; and various government and nongovernment<br />

bodies under the leadership of the Premier’s Office. The Task Team undertook<br />

to investigate various recorded grievances from the MDC, and once sufficient progress<br />

was deemed to have been made, the full Task Team, gave the go-ahead for voluntary<br />

relocation to commence on 11-Jul-2007. Subsequently a small group of protestors have at<br />

times again tried to derail the process, however, their actions have not been supported by<br />

the majority and voluntary relocation has continued successfully.<br />

March 2008 |<br />

25


The Facts<br />

There was an attempt to block the road by a very small group of people when the<br />

resettlement started again in July. However in a very powerful and moving demonstration,<br />

more than 300 members of the community started to walk alongside the removal trucks,<br />

clearing stones from the road that had been placed there by this very small faction. This<br />

demonstrated that the large majority of the community is in favour of the relocation.<br />

Figure 7: New houses completed for occupation<br />

As of the end of March 2008, 800 of some 956 families had voluntarily moved into their<br />

new houses. There have been no forced removals.<br />

As there are still some families who have not yet moved from the old villages, the mine<br />

continues to provide water, grazing fodder and to maintain the roads. This will continue<br />

until the relocation is complete (Figure 8).<br />

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<strong>Anglo</strong> <strong>Platinum</strong> Limited


<strong>Anglo</strong> <strong>Platinum</strong>’s response to <strong>ActionAid</strong> allegations<br />

Grading of roads, supply of<br />

water and cattle fodder ongoing<br />

during project implementation.<br />

Figure 8: On-going service provision and maintenance in the old village<br />

How was compensation calculated<br />

World Bank guidelines state that “owners of houses and structures who are recorded in a project<br />

development area prior to the official cut-off date should preferably be compensated in the form of<br />

asset replacement for full or partial loss of buildings/structures. Modern building materials should<br />

be used if original materials are not available or feasible. As second preference, cash payments<br />

should be made at replacement value where replacement is neither practical nor preferred.”<br />

According to Golder and Associates, the specialist consultants on the relocation project “based on<br />

past involuntary resettlement studies, the range for a settling in allowance for households in a rural<br />

environment is between $200 to $300 per household. The amount that <strong>Anglo</strong> <strong>Platinum</strong> envisaged<br />

amounted to approximately $1 850 per household (2004 terms), at an exchange rate of R6.50 to<br />

the US$. This amount is considered to be excessive. A fair amount would be in the order of $500<br />

per household” Following extensive negotiations with the community <strong>Anglo</strong> <strong>Platinum</strong> eventually<br />

settled on an amount closer to $3000.<br />

Following World Bank guidelines, we have focused on improving the physical and functional assets<br />

rather than providing financial inducement. Homeowner’s houses; the village infrastructure (water<br />

& roads etc); the communal amenities (schools, clinic, etc); and the ongoing means of survival<br />

(shops, farms, businesses, etc), have all been substantially improved. This is clearly evident from<br />

any form of site inspection. It would have been far easier and cheaper to replace what previously<br />

existed without improvement, and then to hand the saving on to the community – however, this<br />

would be against World Bank guidelines.<br />

Furthermore, <strong>Anglo</strong> <strong>Platinum</strong> is now making the full R 20 000 settlement allowance available to<br />

homeowners up front and is not doing a split payment as suggested by <strong>ActionAid</strong>.<br />

March 2008 |<br />

27


The Facts<br />

Figure 9: The old Jacob Puka School (above) and the new school at the relocated village<br />

Ensuring the relocated communities remain sustainable<br />

<strong>Anglo</strong> <strong>Platinum</strong> is not in anyway neglecting the relocated communities and continues to<br />

play an active role. In conjunction with the Mogalakwena Local Municipality <strong>Anglo</strong><br />

<strong>Platinum</strong> has agreed that local community cooperatives will be formed and made<br />

responsible for rendering all municipal services in the newly relocated villages thereby<br />

creating jobs. <strong>Anglo</strong> <strong>Platinum</strong> will provide the training, initial incubation and start-up<br />

funding. This model has been agreed with the Municipality which is working on a business<br />

plan.<br />

Furthermore, the communities have also been allocated more land than they previously<br />

had. Beyond traditional agriculture, it is envisaged that they will engage in game farming<br />

on the other donated farms. Additionally, the mine also has a policy of local employment,<br />

local sourcing of materials and supplies within a 50km radius. Of the more than 4 200<br />

people employed on the expansion project, 1 800 people come from the local communities.<br />

Preferential employment has been given to members of these communities. For the last<br />

three years, unemployed community members with potential to be developed have been<br />

given free education as a precursor to technical training to raise their skills. At present<br />

there are 57 non-employees undergoing such training in the education training centre.<br />

Mining operator and plant operator learnerships and academies have been run to ensure<br />

the required skills will be available in the area when mining operations expand. To date,<br />

150 unskilled community members have completed learnerships. Several community<br />

members have been sent to bridging courses at university. Twenty-four tertiary bursaries<br />

are being supported.<br />

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<strong>Anglo</strong> <strong>Platinum</strong> Limited


<strong>Anglo</strong> <strong>Platinum</strong>’s response to <strong>ActionAid</strong> allegations<br />

During the run up to the project implementation, <strong>Anglo</strong> <strong>Platinum</strong> teamed up with the<br />

Department of Labour and successfully ran skills training in bricklaying, plastering,<br />

painting, plumbing and carpentry skills. As a result more than 1 000 people were employed<br />

on the housing construction project at its peak. The project also commissioned 55 000<br />

bricks-per-day from the brick manufacturing plant. The community manages this facility<br />

and sells bricks into the project. This plant will be able to sustain its employees in the<br />

future in supplying bricks to the construction market and now has been handed over to<br />

the community as a going concern.<br />

Figure 10: The brick making facility established in conjunction with the community<br />

Figure 11: Families in their new homes<br />

March 2008 |<br />

29


The Facts<br />

The Ga Chaba Story<br />

Ga - Chaba is located north west of the PPRust north pit and is marked on the map in<br />

Figure 4. The EIA that was conducted for the PPRust north pit showed that the safety and<br />

environmental impacts on the community at Ga Chaba could be mitigated through<br />

management controls and therefore there was no need to relocate this community in the<br />

first phase of the PPRust north project.<br />

Issues at Ga - Chaba are complex. Residents have witnessed the benefits that the Motlhotlo<br />

and Ga Pila community have received from <strong>Anglo</strong> <strong>Platinum</strong>, such as new modern houses<br />

and feel that they are entitled to similar benefits although the impacts are far less on them<br />

(Alluded to on Page 34 “. . . Ga Chaba villages have not been offered the option of being<br />

resettled elsewhere . . .” This is leading to tensions within the community and an increase<br />

in the number of complaints brought to the mine in the hope that a decision will be taken<br />

to relocate them.<br />

Individuals from the Ga-Chaba community have claimed traditional rights, such as<br />

grazing and ploughing rights, on the farms that will be affected by the mine expansion.<br />

Seven court applications were brought against the mine in 2006 by Richard Spoor allegedly<br />

acting on behalf of individuals in the community. Three of these claims have been<br />

dismissed by the court as being unfounded and a fourth has been delayed indefinitely<br />

awaiting further papers to be filed by Richard Spoor. To date these papers have not been<br />

filed.<br />

MINE BLASTING<br />

The following facts are pertinent to mine blasting:<br />

• Blasting usually occurs every fortnight;<br />

• Blasting is tightly regulated through the Department of Minerals and Energy, and the timing of<br />

every blast is communicated to the community through the Minerals Committee;<br />

• Blasting is limited to certain times of the day (i.e., not during school hours);<br />

• <strong>Anglo</strong> <strong>Platinum</strong> engineers monitor each blasting process;<br />

• Regulations require that no blasting takes place within 500 metres from any residential<br />

structures and <strong>Anglo</strong> <strong>Platinum</strong> fully complies with this requirement<br />

• To further ensure safety, <strong>Anglo</strong> <strong>Platinum</strong> procedures involve temporarily moving any residents<br />

within 1000 metres during the hours of blasting;<br />

• The blasts are designed to minimize vibration and ground vibrations have not exceeded<br />

12.7mm/s which are the international US guidelines;<br />

• Noise generated via blasting is to be kept under 135dB blast, and current operations have not<br />

exceeded that level;<br />

• Several technical surveys for <strong>Anglo</strong> <strong>Platinum</strong> have been conducted by independent engineers<br />

to determine whether blasting has damaged nearby housing. None of these studies have<br />

concluded that blasting has been responsible for any damage to nearby houses. Our current<br />

process monitors nearby structures for such damage.<br />

• If any such damage were to occur, the process currently in place allows homeowners to register<br />

a claim.<br />

30 |<br />

<strong>Anglo</strong> <strong>Platinum</strong> Limited


<strong>Anglo</strong> <strong>Platinum</strong>’s response to <strong>ActionAid</strong> allegations<br />

Different mines, similar story and facts<br />

Twickenham Mine is located within the Limpopo Province, Greater Sekhukhune District<br />

Municipality and the Tubatse Local Municipality.<br />

Figure 12: Map of the Twickenham mine lease area<br />

There are no fewer than nine traditional authorities responsible for the communities<br />

around Twickenham living in the following villages<br />

• Ga Phasha 1 400<br />

• Ga Mashabela 3 500<br />

• Magadimane Ntweng 4 500<br />

• Swazi Mnyamane 1 800<br />

• Mashishi 3 300<br />

• Mampa 1 200<br />

• Ga Makgopa 1 200<br />

• Phasha- Makgalanoto 3 400<br />

• GaKgwete 3 300<br />

The community of Mogabading was relocated from the lease area to Mecklenberg A to<br />

make way for mining infrastructure. In regard to the community of Magobading, the<br />

residents were resettled with improved housing and compensation after a lengthy<br />

consultation – so they were not ‘forced off their land’. Faced with other socio-economic<br />

challenges, the municipality, had significant capacity constraints, and hence did not<br />

conduct the routine maintenance that was agreed as part of the resettlement package.<br />

March 2008 |<br />

31


The Facts<br />

This led to a subsequent deterioration in services. <strong>Anglo</strong> <strong>Platinum</strong> has, however, since<br />

made provision for putting the maintenance backlog right in conjunction with the local<br />

municipality and is establishing a community enterprise to undertake ongoing<br />

maintenance sustainably. <strong>Anglo</strong> <strong>Platinum</strong> has appointed an engineering firm, Infrastruct,<br />

to upgrade the road and storm water infrastructure at Mecklenburg. This work is being<br />

done in conjunction with the Magobading and Greater Tubatse Municipalities who will<br />

ultimately become responsible for on-going maintenance and services.<br />

Figure 13: A typical house at Mecklenburg<br />

32 |<br />

<strong>Anglo</strong> <strong>Platinum</strong> Limited


<strong>Anglo</strong> <strong>Platinum</strong>’s response to <strong>ActionAid</strong> allegations<br />

Modikwa Mine<br />

Modikwa falls within the Greater Tubatse Local Municipality (GTLM) which falls within<br />

the jurisdiction of the Sekhukhune Cross-boundary District Municipality (SCDM). The<br />

GTLM is located north-east of Middelburg, north-west of Nelspruit and south-east of<br />

Polokwane. The area is a cross boundary municipality as one half is situated in Mpumalanga<br />

Province and the other half in the Limpopo Province.<br />

Map of the Modikwa<br />

Modikwa Mine is a non-managed <strong>Anglo</strong> <strong>Platinum</strong> joint venture with African Rainbow<br />

Minerals (ARM). Modikwa is not an <strong>Anglo</strong> <strong>Platinum</strong> operation. It is a 50-50 joint venture<br />

between <strong>Anglo</strong> <strong>Platinum</strong>’s Rustenburg <strong>Platinum</strong> Mines Ltd and ARM Mining Consortium<br />

Ltd, and ARM manages the mine. Seven host communities around Modikwa own an<br />

effective 8.5% in the mine, and will share in its profits. In addition, the communities<br />

March 2008 |<br />

33


The Facts<br />

benefit directly from millions of rands spent annually on socio economic development<br />

projects within the communities.<br />

Modikwa has been in operation since 2001 and from 2002, the mine has spent R15,6<br />

million within the communities on projects including education, agricultural development<br />

and water provision. Among the seven host communities, made up of some 70 000 people,<br />

there are a number of individuals who are unhappy with the communities’ interest in the<br />

Modikwa mine. These individuals purport to act on behalf of “communities” where no<br />

mandate exists and where self interest is pursued.<br />

The mine and the communities interact through two Section 21 companies, formed to<br />

represent the interests of the seven host communities and to hold their shares in the mine.<br />

These structures were negotiated between ARM and the several host communities. The<br />

communities have each elected 10 directors to the companies, and the 7 local kgoshis<br />

(Chiefs) also serve as directors. The 77 representatives have an elected executive committee<br />

of 14 members (two per community) to facilitate dialogue. The mine meets regularly with<br />

the office bearers to discuss and resolve matters of concern to all parties.<br />

It is important to note that there are no open pit operations at Modikwa and all mining is<br />

done underground. The mines infrastructure has limited impact on the surface and no<br />

significant impact on the farming and other activities of the host communities. No<br />

relocations have been necessary or took place when the mine was established, although<br />

the host communities are settled largely within the Modikwa mining area.<br />

There have been a few incidents involving the local community and these are discussed in<br />

more detail.<br />

Exploration interruptions<br />

The mine had permission from the Department of Minerals and Energy and the local<br />

traditional leadership to conduct exploration on the farm Onverwacht. A faction in the<br />

community, which does not recognize the traditional leadership, began to intimidate the<br />

exploration crew. The mine obtained an interim interdict against two members of the<br />

community who threatened to disrupt exploration activities.<br />

Intimidation and threats continued and the South African Police were informed. An<br />

unfortunate incident occurred on 11 November 2006 when the South African Police<br />

Services used “bird shot” to disperse people from the Sehlaku village who were threatening<br />

mine employees and disrupting the exploration programme. Four members of the<br />

community were injured as they fled and were taken to hospital and a number of arrests<br />

were made. Although <strong>Anglo</strong> <strong>Platinum</strong> does not condone police force the company did<br />

have the legal right to be conducting exploration and the police were ensuring the rule of<br />

law was respected.<br />

The mine is continuing to engage with community leaders in an attempt to improve<br />

relations and ensure legitimate issues are addressed and resolved.<br />

34 |<br />

<strong>Anglo</strong> <strong>Platinum</strong> Limited


<strong>Anglo</strong> <strong>Platinum</strong>’s response to <strong>ActionAid</strong> allegations<br />

Employees abducted<br />

On 7/9/2007 the Mine Ventilation Officer and Protection Services Manager and two mine<br />

consultants were abducted by community members and accused of trespassing when<br />

they were going about their duties at the old Pedi shaft next to the Sehlaku village. The<br />

Protection Services Manager made contact with the police and stated that they had been<br />

abducted. The first police detective to arrive in the community was robbed of his firearm<br />

and then assaulted by the community, before the other police officials arrived. Four<br />

members of the community (including Chief Isaac Kgoete) were arrested and charged<br />

with kidnapping, intimidation, assaulting a member of the police force and for causing<br />

public violence.<br />

Despite these incidents the mine is continuing to engage with community leaders in and<br />

around Modikwa in an attempt to improve relations and ensure legitimate issues are<br />

addressed and resolved.<br />

March 2008 |<br />

35


The Facts<br />

Final comments<br />

<strong>ActionAid</strong> say they tested water which showed that three months ago -- and possibly six<br />

months ago -- there was a serious health risk to children. Why has this knowledge been<br />

deliberately withheld from the public water supply authorities or the nearby schools<br />

Why did they not disclose the details immediately Are <strong>ActionAid</strong> aware their results are<br />

inaccurate or grossly exaggerated, or are they more interested in making headlines than<br />

protecting human health<br />

Nitrate pollution of fresh water sources is common around the world, and is typically<br />

caused by poor agricultural practices or inadequately-treated sewage. What analytical<br />

work did <strong>ActionAid</strong> undertake to discount the normal sources of nitrate pollution (which<br />

in the area could have included pit latrines) before alleging that mining was responsible<br />

In addition to some 7 000 Ga-Pila residents who willingly moved, it is estimated that<br />

around 8 000 have willingly relocated to their new homes at the Motlhotlo community,<br />

again with not a single eviction. They did this because of a combination of: better and<br />

bigger houses; the fact that many squatters and families with only customary title have,<br />

for the first time, been able to get legal proof of ownership; access to greater areas of better<br />

quality farmland; and massive improvements to community infrastructure in the villages.<br />

Most of this has been financed by <strong>Anglo</strong> <strong>Platinum</strong>. We know of very many villagers who<br />

are delighted with their new communities. Why were their views ignored<br />

Despite strong economic growth in recent years, unemployment and poverty levels<br />

remain high in South Africa. <strong>Platinum</strong> mining and refining provide good incomes to<br />

hundreds of thousands of South African families, and mining is one of the main engines<br />

of the country’s economy. <strong>ActionAid</strong>’s demands seem to include requiring unanimous<br />

community support before mining (or, presumably, any other development) can proceed,<br />

a level of support that is not required in developed economies for example. Under these<br />

circumstances it is clear that far fewer mines, factories or infrastructure projects could<br />

proceed. As a development organisation, what alternative forms of livelihoods does<br />

<strong>ActionAid</strong> believe could be supplied to compensate for the inevitable loss of mining jobs<br />

that would entail<br />

36 |<br />

<strong>Anglo</strong> <strong>Platinum</strong> Limited


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