Dear Mr Luzipo,

I hereby report that the Minister of Mineral Resources, Mr Zwane, and the Director General of the DMR, Adv. Thabo Mokoena, are refusing to act against a mining company called Ivanplats regarding illegal mine operations.

On the 26 November 2014 Ivanplats commenced with mining and mining-related activities at a prohibited area is in terms of section 48(1) of the MPRDA. The area is expressly excluded from the broader authorized mining right right area on the basis that the area is:

1. Surrounded by of villages, some of which are located within 500m from where Ivanplats is currently sinking a shaft. Other proposed infrastructure will also be within this buffer zone;

2. Has informal graveyards and graves, some of which are more than 100 years old. Ivanplats has unlawfully relocated some of the graves without authorization from the DMR. In contravention of the One Environmental System read with section 38(8) of the National Heritage Resources Act, Ivanplats by-passed the DMR and obtained relocation permit directly from a unit within the SAHRA; and

3. The tribe has not consented to use of land for mine development and Ivanplats refuses to engage us in regard to change of land use, which is governed by Informal Land Right Act not the SPLUMA.

On the 24 December 2014 the Limpopo Regional Manager issued directives in terms of section 93 of the MPRDA and ordered Ivanplats to stop mining at a prohibited area but took no further action when Ivanplats defied the order.

On the 10 June 2015 the South African Heritage Resources Agency gave Ivanplats a notice of intention to issue compliance notice for it to cease operating. This was also defied without any consequences.

The Minister conducted a site inspection when he was in Mokopane for Mining Charted Imbizo and we pointed out the Maruma family graveyard that is located within 60m from where Ivanplats is sinking a shaft but both the DG and the Minister has to date not taken any action.

More details will be provided once I receive response.

Regards,

Aubrey Langa (076 1584 045/060 724 4955)