Centre for Environmental Rights – Advancing Environmental Rights in South Africa

On 25 May 2023, the CER submitted a PAIA request to the DMRE for records in respect of Samancor Western Chrome Mines’ Sky Chrome Mining (Pty) Ltd mine located near Mooinooi in the North West Province.

The documents requested were:

1. The current, approved Social and Labour plan
2. Environment Authorisation
3. Mining and Prospecting Rights
4. Water Use Licence
5. Environmental Management Programme (EMPr)
6. Proof of consultation with interested and affected communities
7. Any heritage approvals relating to graves
8. Mine blasting:
   1. Application and supporting documents submitted by Samancor to the DMRE/Mining Inspectorate to conduct mine blasting within 500m of public structures
   2. Permission granted by the Mining Inspectorate to Samancor to conduct mine blasting operations within 500m from public structures

Following no response from the DMRE, the CER submitted an internal PAIA appeal on 17 July 2023.

The CER received no response from DMRE and therefore lodged a complaint with the Information Regulator on 22 August 2023.

The CER received a response from the DMRE on 5 October 2023 dismissing the internal appeal. The Minister’s appeal decision confirmed that it had no records allowing Samancor to conduct mine blasting operations within 500 metres from public structures or community houses. The Minister’s response also directed the CER to approach the DMRE’s Regional Manager in the North West Province for access to the requested records which are automatically available under section 14(1) of PAIA.

Hard copies of these records were then made available for collection by the CER by the North West Regional Manager, following the submission of an additional PAIA request by the CER on 5 October 2023.