The consequences of inadequate upfront consultation with communities on surface mining operations: a critical review

Abstract : According to Chapter 5 of the National Environmental Management Act of 1998, the application of appropriate environmental management tools should be promoted in order to ensure the integrated environmental management of activities, such as to ensure adequate and appropriate opportunity for public participation in decisions that may affect the environment and socio-economic status. However, it appears as if the Xolobeni community was denied that opportunity. This is confirmed in the submissions made by the community in court, where they stated that even before mining started, they already felt threatened, vulnerable, and completely left out of the process, which fast-tracked the awarding of mining rights to Transworld Energy and Minerals (TEM). An Australian mining giant, Mineral Resource Commodities’ (MRC) South African subsidiary, was granted the mining rights to mine titanium in the mineral-rich Xolobeni sand dunes on the pristine Wild Coast. According to the community, TEM made no effort to present to the community a proposal outlining their mitigation plan for the possible impacts of the mining activities on the families and community. Therefore, in the absence of such, the Xolobeni community has declined to give consent to any mining activities on their land. Although the community is well within its right in this respect, based on the aforementioned facts, the economic impact of exercising this right cannot be ignored. This study uses the Xolobeni case to assess the socio-economic consequences of inadequate upfront consultation with communities by companies wanting to conduct surface mining activities in their area. The findings indicate that the consequences of inadequate upfront consultation with communities extend beyond general discontent; they include the court battles, community divisions, violence, and financial implications