Azra Hoosen | ah@radioislam.co.za
01 August 2024 | 12:00 CAT
3 min read

Indian iron and steel conglomerate Jindal has resubmitted its application for environmental approval to mine in central Zululand, South Africa, following the rejection of its initial proposal over water scarcity issues. The new project, which threatens to displace over 350 families and demolish two schools, has sparked intense opposition from local residents and environmental advocates.

There are calls from local attorneys and organizations to suspend the new Environmental Impact Assessment (EIA) process until all stakeholders are adequately informed. The situation is escalating as community tensions rise.

Janice Tooley from All Rise Attorneys, who represent residents, the Nkwaleni Water Use Association, and other groups, said we are seeing travesties of justice repeated without the Department of Mineral Resources (DMR) not being an active participant and guiding the applicants to do the right thing.

“We can’t have such good environmental laws but so many vulnerable people suffering like this, it is unacceptable,” she said.

According to Tooley, Jindal’s involvement in Zululand began over a decade ago with a prospecting license for test drilling. In 2021, they sought mining rights for 20,000 hectares of land, but their application was denied due to flaws in their EIA report. Now, less than six months later, Jindal has returned with a new application, aiming to overcome the previous objections.

“Currently they are in the first phase again as they are redoing the EIA process. At the moment they have already started scoping, but they have not notified everybody, we are seeing flaws in the process but right now it’s about legally participating and ensuring they meet obligations. We are seeing non-compliance already with legal requirements which is concerning,” she said.

Tooley highlighted several critical concerns about the project. It’s a $2 billion venture located in a greenfield site with sensitive biodiversity and rare ecosystems that will be irreversibly damaged. The area includes rural communities, vital water sources, and commercial farming operations.

Key issues include:

1. Water Scarcity: The mine’s estimated requirement of 15 million cubic meters of water annually exacerbates an already oversubscribed catchment area, making the new demand unsustainable.
2. Cultural and Social Impact: Resettlement will be particularly traumatic for Zulu communities, where there is a strong cultural connection to the land and ancestry. Displacement will affect hundreds of families and their cultural heritage.
3. Environmental and Health Risks: The mine’s operations will introduce noise and pollution, potentially leading to health issues and environmental degradation.
4. Economic Effects: The project is expected to lead to a net loss of jobs, with raw materials being exported, contributing to significant pollution without substantial local economic benefits.

Jindal stated that the new application aims to address gaps identified in the previous EIA study and is exploring options for water supply without affecting other users. The company did not provide reasons for changing its EIA consultants.

Tooley pointed out that the DMR appears to be very “hands-off” during the EIA process, which she believes is a significant oversight. “They are the competent authority but seem to be very quiet until they need to make a decision,” she said.

Tooley emphasised that the EIA process is intended to implement measures to reduce conflict; if the DMR played a more active role, it could help address these conflicts and ensure that the process is properly followed.

“Tensions are very high; in the process, we have seen two assassinations in the area because of people opposing the mine, when they haven’t even started mining yet,” she added.

Tooley expressed that while South Africa has robust laws, they are not being enforced effectively. This lack of enforcement puts people’s lives at risk and threatens to cause intergenerational damage.

“Regretfully we don’t seem to have learned any lessons because there are so many mines like this all over the country that have got licenses but necessary mitigation measure to properly resettle people in a responsible way is just not done. There are hundreds of families living near to open-cast mining and the department is not enforcing the law. We are seeing a delay in justice. These communities are desperate and approaching law clinics and civil society to try and enforce the law,” she said.

LISTEN to the full interview with Muallimah Annisa Essack and Janice Tooley from All Rise Attorneys, here.