Request to DMR for documents evidencing investigation/action taken with respect to, and evidence of (intended) remediation of environmental damage caused by, Blue Platinum Mines.

We refer to the letter received by the Centre for Environmental Rights from the Regional Manager: Mineral Regulation, Limpopo Region, dated 24 October 2013. A copy of this letter is attached hereto. In this letter, a reply to a letter of demand sent by the Centre for Environmental Rights to the Department of Mineral Resources in relation to the non-compliance by Blue Platinum Ventures 16 (Pty) Ltd with its rehabilitation obligations in terms of its mining right, the Regional Manager states that:

“The matter in question was thoroughly investigated and contrary to the allegations on your letter, the necessary action was taken consistently with the provisions of section 47 of the Mineral and Petroleum Resources Development Act (28 of 2002). The details and the documentation relating to the above-mentioned action can be obtained upon request in line with the Promotion of Access to Information Act.
You are also requested to also note that further to the above, the Department has received a commitment letter from, Blue Platinum Venture 16 (Pty) Ltd indicating their plans to commence with the remediation of the environmental damage by November 2013. Blue platinum venture 16 (Pty) Ltd will be required to fulfil their obligations accordingly.”
(our emphasis)

We therefore request, in accordance with the indication by the Regional Manager set out above, the following:
1. Any and all documents evidencing the investigations undertaken as referred to in the Regional Manager’s letter, as well as any reports, correspondence or other documents produced as a result of those investigations;
2. Any and all documents evidencing the action taken by the Department of Mineral Resources in terms of section 47 of the Mineral and Petroleum Resources Development Act, 28 of 2002;
3. The letter of commitment received from Blue Platinum Ventures 16 (Pty) Ltd as referred to in the Regional Manager’s letter;
4. Any subsequent correspondence and documents received by the Department of Mineral Resources from Blue Platinum Ventures 16 (Pty) Ltd, or generated by the Department of Mineral Resources, showing that Blue Platinum Ventures 16 (Pty) Ltd has commenced, or intends to commence remediation of the environmental damage caused by Blue Platinum by November 2013.

We respectfully submit that this request should be responded to urgently, and in any event before the expiry of the 30 days provided for in PAIA. The damage caused by Blue Platinum Ventures 16 (Pty) Ltd worsens on a daily basis, and the community that is affected by this damage has not been notified by Blue Platinum, or by the DMR, of the investigations or commitment referred to in the Regional Manager’s letter. The principles of administrative justice as set out in section 33 of the Constitution and in the Promotion of Administrative Justice Act dictate that the community who is suffering as a result of Blue Platinum’s illegal activities be kept fully informed of Blue Platinum’s plans for rehabilitation. Indeed, given the long history of this matter, and the many times that the Batlhabine community has tried to engage with the DMR about the problem, it is extraordinary that the community was not informed of the investigations or the letter of commitment by Blue Platinum. We would therefore be grateful if you could process this request as soon as possible, and provide the requested documents as indicated in the Regional Manager’s letter.