The Legal Resources Centre's submission to DME on behalf of the ACC and Xolobeni community is rather long-winded and dry; but also interesting, and thoroughly convincing:

THE DEPARTMENT OF MINERALS AND ENERGY

INTERNAL APPEAL/REVIEW OF THE AWARD OF A MINING RIGHT TO TRANSWORLD
ENERGY AND MINERAL RESOURCES (SA) (PTY) LTD

Appeal/review instituted by:

THE AMADIBA CRISIS COMMITTEE

Directed to:

MINISTER OF THE DEPARTMENT OF MINERALS AND ENERGY

APPLICANT'S FURTHER GROUNDS OF REVIEW AND REPLY TO SUBMISSIONS FROM TEM AND XOLCO

2 Recent print articles, which only appeared in the Daily Dispatch Online today, have already been published in the Weekend Post and on other environmental sites; proving conclusively that public perception is strongly against the mining:

The stories have been published at
http://www.weekendpost.co.za/article.aspx?id=527361

http://saweatherobserver.blogspot.com/2010/02/another-environmental-disa...

and
http://www.savingwater.co.za/2010/02/04/heavy-minerals-mining-in-environ...

and are also reproduced in full below:

2010/02/04
THE granting of a mining licence to Australian mining group Transworld Energy Minerals (TEM) to mine heavy minerals on the pristine dunes at Xolobeni on the Wild Coast was “clearly improper and ought to be withdrawn”.
...

From page 76, Government Gazette 29 , January 2010

Annual & temporary permit prices with effect from 1 May 2010:

Fees payable in respect of issuing a permit to undertake Recreational Fishing (annual), and fees payable in respect of issuing short-term permits (only valid for 4 weeks) of:

LRC to make oral submissions on behalf of the Amadiba Crisis Committee at Xolobeni.

On 8, 9 and 10 February 2010, the Minerals and Mining Development Board will receive oral submissions on behalf of interested parties involved in the appeal against the Minister’s decision to grant a mining right to Transworld Energy Minerals (TEM) at Xolobeni in the Eastern Cape. The Board will then make recommendations to the Minister of Minerals and Energy.

The LRC will be representing the Amadiba Crisis Committee (ACC) who are appealing the granting of the mining right. One of the grounds for the appeal is that the mining right was granted to TEM without sufficient and reasonable consultation with the Xolobeni community as an interested and affected party. Counsel for the ACC Advocates Gilbert Marcus (SC) and Isabel Goodman will be submitting written heads of argument that will be made available to interested parties.

Recently, on 28 September 2009, the LRC submitted two expert reports to the Minister on behalf of the ACC. The reports were in support of the ACC’s appeal to the Minister to set aside the mining right. One of the reports provided that the heavy mineral mining operations planned by TEM have been discontinued in other jurisdictions such as Australia and New Zealand. TEM is a subsidiary of the Australian group Mineral
Resources Commodities (MRC).

The details of the hearing are as follows:

Date: 8, 9 and 10 February 2010
Time: 8 February (12h00 to 16h00), 9 and 10 February (9h30 to 15h00)
Venue: Department of Mineral Resources KZN Regional Office
333 Durban Bay House
Smith Street
Durban

For further information contact:

Legal Resources Centre
Sarah Sephton
046-6229230/0834107646/

Check out these film clips that have been made about the amaPondo people’s battle against the mining proposal:

http://www.youtube.com/watch?v=XriivLxBoZ4
http://www.youtube.com/watch?v=CXQmpSNqH40
http://www.youtube.com/watch?v=ClDk33tAVpk

This is important information if you are planning on going on holiday, day trip or fishing along the Transkei Wild Coast:

You will need a permit to travel to cottages that are not on proclaimed or designated roads. (E.g. the road to the Jacaranda.) If you do not have a permit for these routes you may be charged by the Green Scorpions and given a spot fine of R2500.

If you are a cottage owner and your cottage is not on a proclaimed road you will need to present your PTO (Permission To Occupy) at the Environmental office and acquire a permit to travel on the track to your cottage. No permits will be awarded to anyone without a valid PTO. Cottage owner permits are valid for one year.

If you are traveling to a cottage that is not on a proclaimed road you will need a letter from the PTO holder which you can present at the offices to acquire a temporary permit. There is no charge for the permit. The permit is valid for one month.

This applies to anywhere within 1km from the high-water mark along the Wild Coast from Kei Mouth up to Port Edward. You may not drive a motor vehicle in this exclusion zone without a permit. This includes quad and motor bikes, etc. If a proclaimed road goes all the way down to the sea you can then walk left or right to your angling spots from that point. If the road stops 1km before the sea and a bush path carries on towards the sea, you will have to walk from where the proclaimed road ends. You may not ride these trails.

Contact details to aquire a permit are:

edwina.oates@deaet.ecape.gov.za

Tel: Edwina Oates - 043 740 4068

Fax: 086 519 3200

Thanks to www.fishingec.co.za for the information.

Active Escapes offer unique mountain bike and guided hiking trail tours along the Wild Coast.

For more information about cycling or hiking the Wild Coast, please see www.wildcoast.com/active-escapes or check their website.

Contact: Sarah Drew (Active Escapes)
Tel: 084 2407277 or 033 2344367
Email: sarah@active-escapes.co.za
Website: www.active-escapes.co.za

For the past 3 years DEAT SRPP (Social Responsibility, Policy & Projects) has funded the Mussel Rehabilitation Project (MRP) which has been implemented by Walter Sisulu University along the Wild Coast between Umtata Mouth and Hole in the Wall.

The initiative has, without a doubt, been one of the most successful and effective social responsibility projects in the Eastern Cape. It has not only proven that rehabilitation and controlled harvesting of mussel beds is sustainable, but has literally produced tons of protein rich mussels for the benefit of the local community, while also contributing employment, skills training, environmental awareness, resource monitoring, catch-data collation, and many other vital linkages and benefits.

Operating since 2000 under the care and guidance of Zoology lecturer, Dr. Calvo-Ugarteburu (affectionately known by all as “Gugu”),Gugu & Tuse the Mussel Rehabilitation & Food Production Project has been funded variously by Marine & Coastal Management (MCM), WWF, and DEAT SRPP.

Crackdown by Green Scorpions
2009/11/16

THE Eastern Cape’s highly specialised environmental unit, known as the “Green Scorpions”, has cracked down on people and hotels along the Wild Coast for flouting environmental laws and has issued fines totalling more than R30 000.

The Green Scorpions, or the Environmental Management Inspectorate, is a network of environmental enforcement officials from different government departments.

The joint operation involved the provincial Department of Economic Development and Environmental Affairs (Dedea), Kei Mouth police, East London Dog Unit, police airwing and Marine and Coastal Management.

They embarked on a crackdown at the weekend to enforce the law and to warn people to abide by the country’s environmental laws.

The operation kicked off at around 5am in Kei Mouth on Saturday. From there members of the team crossed the Kei River to inspect the coast.

The team was joined by a police helicopter from Bhisho, which swooped on a number people driving off-road vehicles or riding quad bikes illegally along the beach. The transgressors were issued spot fines .

Dedea senior manager for environmental compliance and enforcement Div de Villiers , who heads the Green Scorpions in the province, said they fined 12 people for driving along the beach illegally. All were issued with fines of R2500 each and ordered off the beach.

The team also visited hotels in the area. “Basically we did hotel checks and found one with excess alikreukel (a type of shell fish),” said De Villiers. “The reason for taking action is the amount of damage caused ... trucks ... ride over birds’ eggs and nests and vegetation. They churn up the mountainside, which leads to erosion.”

From the chopper, the Green Scorpions also spotted people mining sand illegally. The damage, seen from the air, “was unbelievable”, said an inspector. “We impounded the truck and issued a R5000 fine for his mining and driving along the coast. But he paid the fine and the truck was released,” said De Villiers.

“No vehicles were confiscated and not all of them paid their fines. It (operation) definitely yielded positive results. It’s also proactive and warns people to stick to legislation.

“The word is out; there will be zero tolerance over the forthcoming festive holiday season.”

Dedea acting head of department Sybert Liebenberg, who took part in the crackdown, said environmental crimes were also economic crimes.

“They erode our tourism. Twenty years from now there will be nothing left in the Transkei for our children. ” — By BABALO NDENZE, babalon@dispatch.co.za

http://www.dispatch.co.za/article.aspx?id=359986

Self catering lodge in Port St Johns area, offering rooms or whole lodge rental. Rates, facilities, property images, and location map included in website.

Web: www.khululeka.co.za

Email: stay@khululeka.co.za

Mobile: +27 (0)72 2133639 Fax: +27 (0)86 6724096

Paradise. Right Here, Right Now.

If you want to get off the beaten track to a place that is unique for its beauty and unspoilt surroundings, you will love Khululeka Retreat. Set in an Indigenous State Forest high on the hills with an awesome 180-degree view of the sea and estuary, Khululeka Retreat is just that. Peaceful, private and remote.

2 October 2009

LRC submits expert evidence against mining in Xolobeni

On 28 September 2009 the Grahamstown office of the Legal Resources Centre (LRC) submitted two expert reports to the Minister of Minerals and Energy on behalf of the AmaDiba Crisis Committee (ACC). The reports were in support of the ACC’s appeal to the Minister to set aside the mining right granted to Transworld Energy Minerals(TEM) at Xolobeni in the Eastern Cape.

One of the reports compiled by Jan Meyer, a soil fertility expert, provides that the heavy mineral mining operations planned by TEM have been discontinued in other jurisdictions such as Australia and New Zealand. TEM is a subsidiary of the Australian group Mineral Resources Commodities (MRC).

The report states that ‘a significant amount of heavy mineral mining previously took place along the East Coast of Australia, New South Wales. However many of the mining operations in New South Wales have been asked to desist.’

The report also lists 10 reasons why the mining operations in New South Wales have been discontinued and describes several of them as relevant to the proposed mining at Xolobeni.

This means that TEM seeks to legitimise operations in South Africa regardless of their negative impact. The intended mining will adversely affect the traditional way of life of the Xolobeni community, some of whom have occupied the land for centuries, and will irreparably damage the coastline.

This matter began on 2 September 2008, when the ACC made an application to appeal/review the decision in terms of the Minerals and Petroleum Resources Development Act of 2002. The basis for the appeal/review is that the mining right was granted to TEM without sufficient and reasonable consultation with the Xolobeni community as an interested and affected party.

It is not known when the Minister will reconsider the decision to grant the licence but the Department has announced that the appeal/review will take place.

For further information contact the Legal Resources Centre:

Sarah Sephton
Attorney
0466229230

For some background on the status of the appeal, please see this Mining Weekly article from March this year. It's great to see Creamer Media batting for our team.

by Trevor Gothan
14 October 2009

The Fisherman

As a teenager we often spent the holidays on the Wild Coast, where my father loved fishing for steenbras off his favourite rocks. On one blustery day, I chose not to fish alongside him in the cold salt spray and rather joined a Xhosa fisherman at a more sheltered spot, some distance away.

Both hoping for a few bream for lunch, we stared at our lines in fruitless expectation for the first hour. Thereafter, we engaged in a more interesting, but somewhat difficult conversation, for his mastery of English was about as limited as my abilities in isiXhosa.

After some formalities about weather, bait and fish, our conversation turned to our lives. Zamuxolo pointed out his kraal on a green hill across the bay, and then asked where I was from and what I did.

I enthusiastically explained that I was studying to be an engineer at Wits and finding it quite tough.

"Why are you doing that?" he responded.

"To get a good qualification and hopefully a well paying job," I replied.

"What for?" he queried. This required some thought.

"To earn enough to educate my kids, pay for a nice home and retire comfortably one day when I'm old," I confided.

"And then what will you do?" Zamuxolo probed.

"Probably live at the coast in a place like this, where I can fish and relax all year round," I said, trying to think of what else I might do.

He stared at me for about a minute and then lit his pipe, as if to try and understand my thought processes a little better. "You mean to do what I have been doing all my life here at Qora? Why must you wait until you are an old man?"

I had no easy answer.

I still chose to complete my engineering studies and, while working in Germany a few years later, I received another lesson in the philosophy of life. I had just spent a year working in the UK, which I had found difficult. It was during Harold Wilson's premiership when unions ran amok and companies were battling to keep afloat. My German colleague explained the problem.

"The Germans," he said, "work very hard to accumulate the trappings of material success, for which they are proud and they would gladly take you to their fancy home in their Mercedes to show it off."

"The French," he added, "love the 'joie de vivre' and prefer to entertain you at their favourite bistro with their friends - even if it costs them their full day's pay. Their home is not usually for showing off.

"Then there are the Spanish. They prefer to work less in their heat and would happily earn less, provided they still get their siesta in the afternoon.

"The British, however, want to work as hard as the Spanish, but enjoy life like the French and have the accoutrements of the Germans."

For me, these two encounters summed up the choices we have. None of the above philosophies is "better" than another, just different in priorities.

What I know, however, is that one cannot have it all, except the few that are able to cheat the system and do so at somebody else's expense. I chose what I got; accept what I missed and I'm happy.

Port Elizabeth – 2 October 2009

Sheltam Aviation (www.sheltamaviation.com), one of the country's leading air charter providers with offices in Port Elizabeth and Durban, has launched a dynamic new website, with a special focus on promoting tourism in the remote yet spectacular Wild Coast.

The Wild Coast is one of the fastest growing tourist destinations, offering unspoilt natural beauty set in a tropical adventure paradise – and is best experienced from the air in a scenic low-level flight with Sheltam Aviation, from our Port Elizabeth or Durban branches, or from anywhere in South Africa.

See www.sheltamaviation.com/wild coast fly-in for more info.

Flying with Sheltam Aviation to any of the Wild Coast's abundant attractions reveals the region's fantastic scenery, offers ultimate convenience by landing at your lodge of choice and eliminates the lengthy drives on the area's less-than-perfect roads – all of which ensures that you get the very best out of your Wild Coast holiday.

www.xhosadictionary.com
Best online Xhosa - English dictionary. Translates individual words from/to English/Xhosa.

From their "Links" page:

Xhosa Translator
For translating whole sentences. Doesn't work well with individual words.

English/Xhosa/English Dictionary
Large database and easy to use search engine. No grammatical explanations, and some entries are inaccurate. Better suited for Xhosa speakers learning English, as many entries contain one English word with long Xhosa descriptions.

Webster's Online Dictionary
A list of Xhosa words (and some random phrases) that have been translated from English. Not very extensive.

And these resources:

Make a date, or set your PVR to record SABC2 at 7:30PM on Monday 14 September and Monday 21 September for a spectacular glimpse of the Wild Coast.

Shoreline is a South African documentary series commissioned by SABC 2. It is a multidisciplinary showcase of all the unique and diverse features along our coastline – geology, paleontology, history, settlement patterns, marine biology, ecology etc.

One of the main features of this series is that it is presented by a team of specialist presenters – archaeologist Gavin Whitelaw, historian Nomalanga Mkhize and marine biologist Eleanor Yeld. Anchor presenter Peter Butler and his dog Nujack guide our experts on the journey around the coast.

Shoreline consists of 13 episodes and in each episode we visit a stretch of coastline to get a sense of its character and stories to help build a picture of our unique coastline. We reveal how natural wonders and historic events have shaped the lives of coastal communities.’

The Shoreline DVD box set will be available after the series ends on 12 October 2009. SABC will also be giving away several DVD box sets of the series. See www.ourshoreline.co.za for competition details.

Episode Ten of Shoreline, on Monday the 14'th, features the Wild Coast from Cove Rock (East London) to Port Grosvenor. Click here: Episode Ten for an overview.

"This untamed wilderness is filled with rolling green hills and unspoilt beaches, secluded bays fringed with wild banana trees, tranquil lagoons and dense coastal forests, deeply carved valleys and precipitous cliffs where waterfalls plummet into the sea.

Violent storms and monstrous waves sometimes batter the coast, and many ships have met an untimely end here. Ancient myths and legends are rife, and the diverse peoples represent a rich cultural heritage. This is a shoreline truly deserving of its name – the Wild Coast."

Red Sands of XolobeniEpisode Eleven, On Monday the 21'st, will explore Mkambati to Amanzimtoti, including the Pondoland Centre of Endemism and the threatened Xolobeni area. See Episode Eleven for more info.

"A recent study of the flora of four sites in the PC has revealed 2253 different species, of which 196 were endemic to the PC. This level of floral diversity is truly impressive, considering that the whole of Great Britain contains only about 1400 species. Species density in the PC is also exceptionally high, with about 2500 species in 1900 km2 – compared to about 9 000 species in 90 000 km2 in the Cape Flora. Scientifically, the PC has been comparatively poorly surveyed, and new plant species are continually being discovered. The region is particularly rich in woody endemics, and contains more than 30 endemic species of robust creepers, shrubs and trees – the highest count for endemic tree species in South Africa. The PC contains many rare and unusual plants, and some are so rare that no local names are known, such as the so-called Pondo Bushman’s tea (Lydenburgia abbottii). This is the rarest forest tree endemic to South Africa, with only about 200-500 specimens in existence. The entire population occurs between the Amphitheatre in the Umtamvuna Nature Reserve and the Msikaba River – a total range of only 40 kilometres. It is estimated that many of the trees could be as old as 1000 years."

Next Cob and Adobe Building workshop starts 17-21 September ‘09

ADOBE & COB
Cob is one of the oldest and most eco-friendly ways of building, and is accessible to people of all ages, abilities, means or backgrounds.

Cob Homes have seen a renaissance as a financially viable, relaxing, and enjoyable building-method where you get your hands and feet in touch with the Earth. It's also about the sheer beauty and infinite creative potential of building with cob.

A natural thermal insulator, cob is excellent at regulating temperatures; whether storing heat or keeping the building cool relative to outside temperatures.

People experience psychological well-being from living in natural structures. The natural tones and aromas of materials such as stone, wood, straw and earth affect us on a very basic instinctive level, and are life enhancing.

The Kraal Retreat will host a 5 day EARTHWORX workshop.

Making a difference!

During completion of each workshop, a structure will be built within the community to promote self-sustainability and reinforce the benefits of environmentally conscious building methods.

These workshops are designed to create a deeper understanding and knowledge of Cob and Adobe building methods, with plenty of hands-on practical experience to give you the confidence to design and construct your own Earth buildings and projects.

A 5 day workshop will include:

Space limited! Bookings essential!

Next workshop starts 17-21 September ‘09

Workshop and Accommodation package available at the retreat.

For more details:

(c) Neels Botma

To see more of Neels Botma's beautiful photography, go here: www.outdoorphoto.co.za

The Department of Environmental Affairs & Tourism have issued an Environmental Authorisation (EA) for the establishment of a 132kV substation at Zwelethu (near Bizana) and 2 x 132kV lines to feed the South Coast, Bizana & Xolobeni region.

A copy of the EA can be downloaded here: Eros_Port_Edward-Environmental_Authorisation_13Aug09.pdf

Anyone wishing to appeal any aspect of this decision must lodge a notice of intention to appeal with the Minister of DEAT by the 28th August 2009. Further details are contained in the EA.

It's futile and counter-productive to protest progress and future energy requirements, obviously; but as can be seen from the attached diagrams the approved power line on the Eastern Cape side comes directly to the north perimeter of the proposed Xolobeni mining tenement, and from there runs adjacent to the proposed N2. That's called central planning 1-2-3.
Xolobeni N2: Click on the map for full size view (1.5Mb)

But to put this in perspective one has to realize that the entire South Coast runs on 2 x 88kV power lines, and this huge upgrade of the total current capacity is aimed at urbanizing and industrializing the Pondoland Center of Endemism along the path of the N2 toll road; which after all is the planned macro-economic future for the area. Objections, eco-tourism and the environment be damned.

Scientists in South Africa discover 18 new spider, snail and worm species

From www.guardian.co.uk
By David Smith in Johannesburg
Tuesday 18 August 2009

Scientists surveying a nature reserve in South Africa have discovered 18 previously unrecorded species of invertebrates, including spiders, snails, millipedes, earthworms and centipedes.

The trove of creatures was uncovered in eight days by researchers and volunteers working for the environmental charity Earthwatch at the Mkhambathi nature reserve on the spectacular Wild Coast in the Eastern Cape.

However, scientists warned that planned developments in the area could threaten the ecosystem and deny them the chance to identify further species.

Jan Venter, an ecologist working for Eastern Cape Parks, which manages the reserve, said that the 29 square mile area had previously attracted only ad hoc surveys and butterfly collectors.

"To get so many species in one survey shows the importance of the reserve. It's a very special area, conservation-wise. If we do another survey, we'll find just as many." The team suspects that another 18 species might be discovered.

From www.iol.co.za

August 16 2009 at 06:51PM

The dispute over community consent for Xolobeni Mineral Sands Project is hotting up as Minerals and Energy Minister Susan Shabangu considers granting the final go-ahead.

The plans are to excavate 346 million tons of titanium and other heavy minerals along a 22m stretch of the Wild Coast below Port Edward.

Mining it will generate R560-million yearly, with R42m to be spent on local salaries each year and R2,9-billion going to the government.

But conservationists are protesting because the mineral area lies in a vast, unspoilt wilderness region that offers considerable ecotourism potential.

This article was originally published on page 6 of Cape Argus on August 16, 2009

Comment:
Important to note that not just environmentalists, but hundreds of members of the community attended the protest march last year, including many elders, the headman, and other prominent community leaders. As if more proof was needed, even King Mpondomise and the Royal House are against the proposed strip mining.

Daily Sun - 17 September 2008: Click on the pic to view the article.

See also: Minister admits consultation process ‘flawed’

and Questions hover over Wild Coast mining deal amongst other updates and info at www.wildcoast.com/xolobeni.