The public hearing held by the South African Human Rights Commission's (SAHRC) on Monday, June 8, 2009, provided a stage where desperate communities could air their grievances concerning environmental degradation and water contamination. Dr. Koos Pretorius from the Federation for a Sustainable Environment and Naseema Fakir from the Legal Resources Centre presented on behalf of communities affected by mine water pollution in Mpumalanga, and the West Rand. Pretorius and Fakir's presentations were complemented by Belfast community representative Kleinbooi Mahlangu's first-hand commentary on the severity of the issue.

Under the South African Constitution, all citizens are guaranteed the right to a healthy and protected environment. Section 27 states that the state must take reasonable measures within its available resources to achieve the progressive realization of access to sufficient food and water for all. The National Water Act provides that water is a resource that belongs to all people, and must be protected, preserved, and controlled as needed to account for the basic needs of all. Additionally, Millennium Development Goal 7 is a pledge to "ensure environmental sustainability."

However, pollution associated with the mining industry has left many of these promises unfulfilled. In the Mpumalanga and Gauteng provinces, the water resource of thousands of people is now in serious jeopardy. Mine water pollution is the cause of the hazard; this occurs when water flows in the soil of mines and picks up pollutants from the exposed rocks. The contaminated water finds its way into rivers and wetlands, which eventually reach water storage dams and poison the resource.

The LRC's submission to the SAHRC states that, "the effects of pollution by mining activities are long-term. Although a comprehensive and progressive legislative framework in the form...exists, there is a disturbing pattern of pollution and lack of concern for the environmental impact of existing and future mining activities."

This neglect has jeopardized the quality of those whose water source has become tainted by mine water pollution. Presentations offered at the hearing by Dr. Pretorius and Ms. Fakir further emphasized the damage being done and the lack of attention given to the threats posed by the expansion of the mining industry.

A personal account provided by Kleinbooi Mahlangu further emphasized the damage of mine-related pollution on effected communities. Mahlangu stressed how the coal mines in Mpumalanga contaminated their drinking water to the point where it "looks like Fanta Orange."

Mining has also led to a degradation of the quality of the environment in which thousands of citizens reside. Mahlangu spoke of the effects of the air pollution caused during the transportation of coal; the wind too frequently would carry harmful dust off of these trucks that would contaminate the air in his community and make it difficult to breathe.

When questioned by the SAHRC panel, Pretorius and Fakir both emphasized that they were not suggesting that all South African mining should be terminated. Instead serious long-term efforts must be made towards developing more sustainable and less environmentally damaging energy sources.

However, to address immediate problems, Fakir highlighted several legislative reforms that she'd like to see implemented. "Mines appoint their own consultants and scientists who put forward the point of view that what the mine is doing is good for the environment," she explained. "The mine gives only one side of the story. The government should have some legislative mandate that they have to get their own external expert."

Fakir also commented on how the reports on public participation that the mines conduct are often inadequate and glossed over. "There needs to be change so that it is mandatory for government to have its own public participation process before they decide to accept or decline a license," she said.

Another point where Fakir sees the need for immediate legislative modification concerns information disclosure on water licensing, particularly in the Water Act. "If the government gives a water license to a mine today and I ask for reasons, there is no obligation on them to provide it. So that needs to change; information disclosure needs to be mandatory."

While such short-term goals do not provide a total solution to the dilemmas surrounding mine development, their implementation would provide much needed protection for marginalized communities against the ongoing environmental degradation of their drinking water and homes.

LRC