Friday 15 December 2017

Liqhobong and Kao Mines Host Communities Lodge their Grievances Before the Minister



        By Rorisang David Mahlo


The Ministry of Mining has embarked and instigated yet another new campaign to visit the affected host communities around commercially operating mines. This is done as one of the Ministry`s responsibilities stipulated in the Mineral and Mining Police 2015 as thus “to enforce compliance with set standards and regulations by all role players in the sector.” 

For the first time since the inauguration of the newly formed third coalition government, popularly known as “four by four (4 x 4),” the Minister of Mining-Hon. Keketso Sello visited the two neibouring villages of host communities of the commercially mining companies namely Liqhong and Kao, on the 6th to the 7th of December 2017 respectively, under very unstable and conflicting extreme heat and cold weather conditions within both valleys. 

The Ministry`s intention with these visits was to make an assessment in a form of fact finding and verification of the status of neighboring relations between two parties. Secondly was to create another mode of dialogue of warm deliberations for the Mines host communities to voice out their opinions as a way of checks and balances of what the companies report to the Ministry on their respective social responsibility programmes with what exists on the ground.

Without wasting any time, both Liqhobong and Kao host communities lodged their list of grievances asking the Hon. Minister`s intervention in the following areas:

Lack of transparency in hiring procedures: There is no clarity on what guides these companies with regard to the procedures of employment because there are some obvious dubious and unfair practices that apply to some and not all of us. “Here is what I mean, in the variety of existing employment terms ranging from those that counted in working hours to the contractual and permanent and pensionable; the beloved one just keep working and earning without signing any formal employment agreements,” that is for an example said Mrs. `Manalane Molefi from Kao.

To make matters worse, against the government mandate that, the unskilled labour must be sourced locally here, “our local people are subjected to unfair competition with people from everywhere including the internationals who do not even have work permits” complained ` Molefi.

Unfair compensation: Furthermore it is highly questionable as to how the compensation issues are administered. There are lots of cracked households due to blasting activities taking place in the mines. But the manner in which the compensation issues are handled shows a lot of discrimination. For instance “The lucky ones and the few who are temporarily working in the Mines, do get an immediate assistance after noticing the cracks or when their houses have accidentally fallen” reported Makamoho Ramoholi from Liqhobong. 

Besides that “after our relocation to the new places, the Mines promised to compensate us for the inconveniences caused in our lives but the way things are going, we are yet to see these promise come true any time soon,” Ramoholi added.

Lack of access roads: Both Liqhobong and Kao communities complain about the Mine adamancy to construct the new access roads as per their promise. But very unfortunately, both mines keep on rehabilitating and maintaining the old roads. The communities also indicated that this is not acceptable because the issue of construction of access roads is one key issues agreed on in black and white in their initial environmental Impact Assessment Reports (EIA).

 

Moreover the ironic part of this issue is that, the Kao Villagers access their main services such as health and shopping at Ha Lejone and they are obliged to cross the Motete river more than four times to access these services, “and whenever it becomes cloudy while still on the other side of the river- (at Ha Lejone), those that are at home automatically get worried sick about our lives, since this river has taken many innocent lives in our presence,” emphasised Molefi. 

Lack of basic sanitary Utilities: According to the Nqoe B03 Community Councilor-Mrs. `Mammereki Maphenchane, it has come to their attention that both villages or correctly put, all villages - Liqhobong and Kao and many other villages that host Mining companies in the country, are all disadvantaged as they are sidelined by the government while installing toilets and constructing piped water that are all over the country. ”The reasonable perception for that is, we are known to be hosting commercial mining companies, and therefore it is given that we must have demanded such services from our nearby  Mining Companies and by default, they are going to assist in that regard- but our case is totally something shameful and we really feel lost,” reported Mrs. Maphenchana.

Long distance Health Facilities: In this regard both Liqhobong and Kao host communities share the same sentiment of suffering the same pain of traveling long distances for medical services, which they get at the government Clinic based at Motete. But contrary to that, both Mining companies have their internal Company clinics within the Mine yard but do not share the health facilities with the local communities.

This, according to Molefi really shows a high level of discrimination between the mine and their neighbours. “Helping us only during emergencies is totally not enough. We have resorted to use `Mamohau Health Center at Ha Lejone and you can imagine the traveling cost and the distance between Ha lejone and Motete, honestly this is being unnecessarily hard on us,” Molefi frowned touched by emotions. 

In wrapping up the complaints, Mrs. Molefi, appealed to the Minister of Mining to intervene by considering their grievances as a matter of urgency that requires immediate solutions for the benefit of all stakeholders. “With due respect Hon. Minister, we do not want to run the risk of letting things slip between our fingers so that one day when we wake up, we find that SMD or LMDC have gone for good and have left us in this mess like many others who came before them,” reported Molefi.

“Evidently, if they cannot change their attitude while approaching the community developmental issues, they will soon be confronted by the risk of unnecessary instability and sour relations between us, “strongly emphasised Molefi.  Adding that their current style of responding to the developmental requests is truly reflecting and painting a very negative image to us, so they better redeem that, and change it for good. 

In response to the community grievances and on behalf of LMDC, Mr. Tšepo Mokotjo – Security and Corporate Social Responsibility Manager, denied some and accepted some as valid grievances, and also furnished the Mining Public Relations office with the following promised achievements for publicity:
  • 154 people employed as a mixture of permanent and temporary employment and this is continuous.
  • Relocation of 26 Households:
    • 26 Houses constructed,
    • 18 Households now in new homes,
    • 8 remaining Households’ movement into new homes being finalised;
  • Liqhobong & Pulane Clean Water Project to the tune of Two Million Maluti (LSL M2,000,000.00): 20 Clean water access points from 13 caught springs;
  • 18 computers donated to St Peters High School Botha-Bothe, 2 to Motete Clinic and 40 to Joy To The World Leribe;
  • Construction of Liqhobong Pre-school (9m X 4.5m classroom with store);
  • Construction of 2 additional classrooms and 2 additional offices for Liqhobong Primary School;
  • Liqhobong village Road maintenance and Motete road rehabilitation;
  • Loss of Grazing Land Annual Compensation for 2016 & 2017 payments already effected;
  • Development and implementation of an effective Grievance Logging and Management procedure.
Once again Mokotjo confirmed that through Liqhobong Working Committee which is a committee liaising community with the mine, they still receive all community requests. However, he said that, it is not easy for them to address the community needs all at once. Adding by requesting the community to be patient with the mine, as the plan is to address them one by one and bit by bit.

Similarly, on behalf of Kao- Storm Mountain Diamonds -SMD, the Chief Executive Officer of Operations Mr. Mohale Ralikariki said that he is not there to defend what has been presented before the Hon. Minister. Instead he just wanted to thank Mrs. Lekhala for presenting his company-SMD eloquently before the Hon. Minister except for a little information that has been skewed here and there.

Secondly, and most important of them all, he showed some respect and an appreciation by accepting the blame tabled by the community representative. Adding that, “I consider this gathering a constructive means of guiding my organisation to learn from our mistakes. From here my organisation is going to pull up its socks and try to improve from its weakness,” Ralikariki admitted. 

He also validated and corrected some information presented by Mrs. Molefi with a long list of what SMD has so far achieved and those that are ongoing on their CSR projects and activities for the community as thus:  
There are currently 173 people employed from Kao villages, some in permanent positions and others in fixed term contracts;
  •  Construction and maintenance of access road from main road at Ha Shishila;
  • Funding of poultry project and delivery of one thousand (1000) eggs producing chickens;
  • Kao Mine has established a pre-school at Lihloahloeng and is fully funded by the mine with over 40 children and instructors are paid monthly by the mine;
  • Training of a villager for purposes of registering as a Safety Practitioner with Labour department; 
  •  Construction of 3 extra-class rooms at Shishila Primary School;
  •  Fully paid high school sponsorship for Shishila Primary “Top Achiever;”
  • Construction of 15 mini- dams for drinking water for livestock-labour payment at West Valley and;
  • Construction and donation of toilet and hygienic materials for paralyzed lady in the village to mention but just a few.

He went further to edge the community to also be patient with the mine as the intention is not to hurt anyone but to do things based on the agreed times. Also he wrapped his speech by promising the Hon. Minister that, “it is my dream that one day we shall be gathered in this manner dancing and rejoicing in respect for Kao`s efforts in gratifying the community needs,” said Ralikariki.

Finally, the keynote address by the Minister of Mining Hon. Keketso Sello and the Chairperson of the Natural Resources Cluster Committee Hon. Mapalipali Molefe to both Mining companies was that: This visit was a fact finding mission that is aimed to hear what the host communities want and responses from both companies thereon. 

The two MPs jointly agreed that, the subsequent phase of this event will be to consolidate these ideas and collaboratively re-prioritise them and see what is it that both Mining companies can do as soon as yesterday, versus those that could be done later.

Third, both MPs reached a consensus that they would then be happy to see both Mining companies championing and executing the plans just as agreed in the board rooms and by the book. Lastly, Hon. Sello promised both Mining companies that, after solving these community complaints, could there be any more complaints, “ I will definitely land here unannounced, you will get it from the hearsay that Sello was here and from then, things will take the wrong turn for you guys…watch out,” said the Minister.    

Tuesday 5 December 2017

Lesotho`s Mining Legislative Reforms; A better Future for Basotho



             By Rorisang David Mahlo




The 20th to 21st of November 2017 marked the second multi stakeholder forum, specifically aimed at reforming several old Mining sector codes which currently do not sufficiently respond positively to the developmental millennium demands of the mining sector for socio economic developments. This forum was held on a warm sunny day, at Lesotho Avani, located alongside and towards the cliff of the only hill within the city boundaries of Maseru.

To highlight a few but in no particular order, the new areas proposed by the draft Mining Bill 2015 according to the Senior Legal Officer- Liteboho Tlebere, which were not catered for in the old principal Mining Law - Mines and Mineral Act of 2005 and other supporting codes were:

 Firstly, the Mineral rights (contracting and licensing);
Currently there is no model Mineral Development Agreement (MDA) as thus the need to address policy aspiration of removing negotiability in mining contracting and have a standard MDA.
Also, the bill seeks to ensure that mineral rights relating to prospecting cover all known exploration methods (Geo-physical, Geo-chemical, remote sensing, and other Geological methods).

Secondly, Chapter 8, of Mining Sector Governance;
The current law has no provision that ensures unhindered access to information in the mining industry. Further, the mining sector does not have transparency and accountability guidelines/regulations. Therefore, chapter 8 of the bill seeks to curb the seeming lacuna in law.

Thirdly, Chapter 9, Sanctions and Penalties and Dispute Settlement;
Currently there is a framework of sanctions and penalties, but sanctions are only civil in nature. The Bill shall create crimes in relevant thematic areas which will be punishable under relevant procedural law. Therefore, chapter 9 of the bill proposed the different disputes settlement mechanisms.

Fourthly, the Precious Stones Amendment;
Cabinet has given clearance for the amendment of Precious Stone Order of 1970.   So, it is through this amendment that the Government is establishing a Lesotho Diamond Centre whose mandate will be to valuate diamonds for determining applicable levies and taxes, to facilitate exports and imports of diamonds in Lesotho, be a platform for buying and selling of diamonds and collect royalties on behalf of Government as well as issuing cutting and polishing licenses.

The Centre is also going to house the Diamond Valuator who will be a person with expertise in valuation, buying and selling of diamonds.  The valuator will ensure that standards are met and laws are observed especially the Kimberly Processing Certification Scheme (KPCS).

However, Tlebere on the other side went on to conscientise Basotho that, it should be clear that this is not a final document, that means since it is still work in progress, it is open for constructive modification wherever those that have stake may deem it fit to. Once again for this bill to be truly owned by Basotho Mining Sector as a Principal Mining Law, certain areas might change to suite what is required by Majority stakeholders.

Despite that, during his address on the multi stakeholder forum, Hon. Keketso Sello – the Minister of Mining, showed that, the move of enforcing the legislative reforms in the Mining sector is perpetuated by the long overdue prevailing need to address the developmental goals of the policy in the legal and regulatory framework. 

Adding that, currently, the Ministry of Mining relies on the following outdated pieces of legislation; Precious Stone Order 1970, Precious Stone Order Regulations 1970, Precious Stone (Diamond Dealers License 2004, Kimberly Process Regulations 2003, Mine Safety Act 1981 Mines and Minerals Act 2005, and the Mines and Minerals Amendment Act 2014 hence the undertaking of legislative reforms.

 Also, Hon. Sello strongly emphasised that, lack of statutes in vital areas such as safety and occupational health, anti-hoarding measures, corporate social responsibility, legality of artisanal and small scale mining activities and illegal trade compounded by inadequate regulations for implementing the Mines and Minerals Act lead to uncertainty and unpredictability in the sector.

“The Ministry therefore acknowledges that, there is a need to overhaul the above legislation in order to improve monitoring of the mining operations with a view to providing lasting and equitable socio-economic benefits to Lesotho and Basotho,” said Hon. Sello.

In addition, he also reiterated that, the mentioned pieces of legislation do not contain provisions relating to the responsibilities and obligations of Government, mine investors and other key actors, for the realisation of the developmental goals of the policy.

Most importantly, Hon. Sello confirmed to the Stakeholders that, “with the today`s endeavour, the Ministry is intending to do away with the stigma of the conspicuously echoed consents of the prolonged procedures for securing an investment transactions for requiring mining title transfers, which at the moment are still a hindrance to the flow of mining investment into the sector,” said the Minister.

On the positive side, the Ministry is pushing everything to its limits in trying to live up to the expectations on its set mandate by equipping the Ministry with all necessary tools for regulating the sector, closing the gaps and levelling the grounds for smooth operation of whole sector. 

While reporting the milestones, Hon. Sello indicated that, “the Ministry has embarked on development of the Minerals and Mining Policy in July 2013 and was finally completed in April 2015. The policy was presented before the Informal Cabinet on the 26th May 2015 and it was approved,” Said the Hon. Sello.

As a means of gearing into the momentum of transition, Chief Legal Officer Lesimole Moletsane also contributed during the forum discussion by showing that, “the Ministry of Mining aims to uphold and to promote good governance which is characterised by transparency accountability and inclusiveness.”

Despite that, Basotho will remember that, the first multi stakeholder meeting for the new Mining legislative framework was done on the 8th to 9th of July 2015. Comparatively, the first stakeholder meeting was elevated to the maximum highest level that it deserved, as it was presided over by the then Prime Minister of Lesotho.

Subsequently, at the end of August 2015, Africa Mining Development Centre (AMDC) which is the coordinator and the major stakeholder steering the whole process, handed over the first draft bill to the Ministry to run with it to its finality. This steps was the earliest signal of attainment and paving a better way forward for realisation of the bigger objective which is Africa Mining Vision for Lesotho. 
 
In general the press release published on the 13 of June 2015 by United Nations Lesotho – Economic Commission for Africa concurs that, “the development of an AMV- compliant legal and regulative framework for Lesotho, would facilitate the full alignment of the policy with aspiration of the AMV and set the stage for the successful implementation of the Minerals and Mining Policy of 2015.”   

An Interview with Lesotho Times On Upcoming Mining Reforms

  Author:  Bereng Mpaki The government has enlisted the services of the African Development Bank (AfDB) to help in reviewing its natural ...