"For this reason, the organisation has become involved as a friend of the court in a dispute that is being heard in the Constitutional Court between the Minister of Mineral Resources and the Minister of Water and Environmental Affairs, as well as the provincial legislature of the Western Cape, as to whom should have a determining say in the granting of mining licences," Möller continues.
According to Möller, Agri SA's interest in the matter involves more than protecting agriculture's interests. "Food consumers are the clients of the agricultural industry and it is important to ensure that the natural resources used to produce food - now and far into the future - will not be destroyed as a result of short-sighted action. Therefore, legislation and regulations must take cognisance of the people's right to sufficient food and water as entrenched in sections 27 and 28 of the Constitution," says Möller.
"The economic and other contributions of mining development, which are largely of a limited duration, must be balanced with the need to adequately protect natural resources for purposes of long-term sustainable agricultural production. Food security and safety cannot be sacrificed for the sake of short-term economic gain. An evaluation of what is in the people's best interests cannot be made within the framework of mining legislation alone. The Department of Mineral Resources should therefore not have sole discretion when deciding on critical overarching national issues, such as the factors contributing to food security, which fall outside the ambit of their expertise. For this we need detailed impact studies, among others in terms of general environmental legislation," according to Möller.
Agri SA has, over a period of time, expressed serious concern regarding the deterioration of South Africa's natural resources. Mining, but also various other undesirable developments and shortcomings in service delivery at local government level, were pointed out as contributory factors. However, mining development, especially if practised extensively in a region such as the Mpumalanga Highveld, can be identified as a major contributor to the deterioration of resources. The collective influence that a large number of mining projects within a region have on the environment, communities, infrastructure, agriculture and the economy, is not fully considered in mining legislation and development.
"A comprehensive study on water quality conducted last year by Nedlac was forwarded to the Minister of Water and Environmental Affairs. That report mentions the extent of water pollution and also makes recommendations on how the problems can be overcome. This study shows inter alia that acid mine water drainage holds a high risk for the environment and socio-economic interests," according to Möller.
"Agri SA regrets the fact that ministers are now confronting each other in the highest court, while the relevant parties could have avoided such conflict through timeous harmonisation of legislation and proper co-ordination between state departments," says Möller.
