Impala Platinum, Sasol & Eskom must pay servitude fees over my family’s farm in Rustenburg

Posted on:
6 May 2016
Class Action, Community, Property
Posted by:
Gontse Letlonkane

Good Day ProBonoMatters

My Grandfather, Aaron Motsuenyane, together with his brothers owned a farm, Portion 274 JQ in Weldebeesfontein, in the Rustenburg mining area where Impala Platinum had since 1964 operated. Impala has not been paying any servitude fees since 1964 while they have erected a number of structures, encroaching onto our land, which are critical to their operations. They have erected the following:

  1. Surface and underground Ventilation Pipes
  2. Overhead Electrical cables
  3. Surface and underground water supply pipes
  4. Road (Tar)
  5. Rail Tracks

All of these are necessities for a mining operation to take place and we have not been duly compensated for all of this and yet Impala continues to make Billions of Rands in revenue and there is no simultaneous benefit on the side of my family.

Impala just went ahead by making developments on our land without permission. We have once engaged with Karina Engelbretch from Impala Platinum who promised to get back to us with an out of court settlement but nothing came out of that promise.

The other matter is with Sasol as they encroached into the farm in question by building underground magazine explosive storage without our knowledge nor our concerns and permission.

Lastly there is also an issue with Eskom as they also build Overhead High Voltage Electric cables across our farm.

I’m writing this to seek a directive on how to tackle this matter with these three giants (Impala, Sasol and Eskom)

Yours truly Gontse Letlonkane

One Response to Impala Platinum, Sasol & Eskom must pay servitude fees over my family’s farm in Rustenburg

  1. Carina Engelbrecht

    Dear Sir

    Estate Late Aaron Motsuenyane is the registered land owner of Portion 10 of Wildebeestfontein 274 JQ, in extent 85.6532 hectares. Impala Platinum Ltd have registered surface right permits in terms of the Mineral and Petroleum Resources Development Act, No 28 of 2002 (“MPRDA”), on various portions of Portion 10 of Wildebeestfontein 274 JQ, in extent about 4,1776 hectares. The remainder of the farm not being used by Impala is in extent about 81.476 hectares. These statutory surface right permits originated in terms of the former Mining Rights Act, 1967. The former Minerals Act, 1991 and the MPRDA recognised the statutory validity of these surface right permits, but indeed failed to increase the prescribed regulatory surface right permit fees. Impala did pay the regulatory surface right permit fees to the former Mining Commissioner, who on his part needed to pay the fees over to the land owner in terms of the former Mining Rights Act, 1967. In 1998 when the former Minerals Act, 1991 came into operation in the former Bophuthatswana, the surface right permit fees needed to be paid directly by Impala to the land land owner. Impala could not locate the land owner / estate at that stage. The descendants of late Aaron Motsuenyane did indeed approached Impala in October 2014 and Impala did agree a process with the family to evaluate the land being occupied by Impala in terms of the surface right permits, and to compensate the family on a market related basis for the portion of the land being used by Impala. Impala acknowledge that the process is indeed taking more time than anticipated and Impala will do its utmost to expedite the matter to reach a market related agreement with the said family. We understand the family’s frustration in the matter with Impala. Mr Letlonkane is more than welcome to phone Impala Platinum Ltd, Head Office at 011 731 9000 and request to meet with Carina Engelbrecht to see how they could agree to fast track the matter.

Leave a Reply

Your email address will not be published. Required fields are marked *