Braam and Therese Nieuwoudt, owners of the West Coast beachside farm Waterval (Strandfontein 559*) filed a case of trespassing against Richwill Diamonds for what they allege was an attempt to bulk prospect illegally for diamonds on the coast adjacent to and on their property without permission or the required permits.
The Nieuwoudts’ property, where they operate several beach accommodation holiday camps, is already under pressure from several mining and prospecting rights and applications, as well as a gas project application. It is also in the process of being registered as a formal ‘Protected Environment’ (PE) conservation area.
The Nieuwoudts filed the charge in October 2024 after Richwill Diamonds entered their property. The Nieuwoudts posited that the company does not have official authorisation to access their land nor the right to bulk prospect on the coast on and next to their farm – and did not provide evidence to this effect – which left them no choice but to lay the charge with local police.
When a mining company obtains prospecting or mining rights on privately owned land, it must engage and reach an agreement with landowners, as per the Mineral and Petroleum Resources Development Act (MPRDA) and the Constitution of South Africa.
Landowners cannot deny access to their property for lawful mining activities. However, the Act stipulates that mining companies must negotiate reasonable compensation for any disruptions or damages. Both parties must enter into an agreement that outlines the terms of access, operations, compensation and rehabilitation after mining activity ceases.
According to Nieuwoudt, Rich said that he had been granted a right to prospect at the location by West Coast Resources (a mining company owned by Trans Hex placed into business rescue in October 2019) and that his company had the necessary authorisation to operate on the beach.
“I mentioned to Mr Rich that he needed landowners’ permission,” Therese Nieuwoudt told PTWC. “He said he didn’t need it. I asked [Rich] to immediately vacate which he said he was not going to do. I also mentioned to him that we are in the final process of registering the location as a conservation area, which he said he was aware of.”
Though the Nieuwoudts had a conversation with Rich regarding the matter several years ago, they reiterate there was no negotiation or agreement for him to access or prospect on their property and he had to date not provided them with any valid documentation to this effect.
Rich echoed his position in an email response to PTWC: “Richwill Diamonds (Pty) Ltd does have a prospecting permit and we have the permission from the Department of Minerals and the Department of Public Works (being the custodians of all state land) to do our operations from the admiralty strip,” he wrote, stating in a subsequent email that he was aware of the charge laid against his company and he had been visited by the police and provided them with the necessary information.
However, despite repeat requests from PTWC, at the time of writing, Mr Rich did not provide us with any documentation that provided unequivocal proof that Richwill Diamonds had official authorisation and the right to be on the Nieuwoudt’s land or for the company to be bulk prospecting for diamonds there or in the adjacent coastal zone.
PTWC was able to verify a record of West Coast Resources Mining having a mineral right for Strandfontein 559 (MR523 WCR), but this expired on 11 October 2024.
“We believe that there has been an application to renew this permit,” said Patrick Forbes, head of legal at PTWC. “However, the mining right would have had to be ceded by West Coast Resources to Richwill Diamonds prior to expiry. Richwill Diamonds must prove the validity of their application to renew this right.”
The trespassing case against Richwill Diamonds is now with the regional magistrate awaiting further investigation by the relevant authorities.
The circumstances that have led to the Nieuwoudt’s action exemplify why it is so necessary to increase transparent public oversight of mining on the West Coast via a cadastre or public portal – and to untangle the mess of poorly regulated and ad hoc mining permissions via a moratorium and Strategic Environmental Assessment (SEA) to ensure that mining does not take place in such a haphazard manner but is located in suitable areas with minimal environmental impact.
It has subsequently emerged that there is a score of other applications to prospect or to mine, including several by Richwill Diamonds and one for a gas development, on or near Strandfontein 559, which is under massive pressure from all sides. However, many of these have lapsed or have not proceeded beyond the application stage.
The Nieuwoudts’ application to declare a Protected Environment for their property – a highly biodiverse zone that is home to the endangered speckled dwarf tortoise – is in process, but is nearing completion and is likely to be approved.
The area in question – which also boasts several world-class surf spots – is one of the last stretches of coast in the Northern Cape besides nature reserves that is not yet affected by full scale mining operations. What the declaration of a PE might mean for existing mining rights and applications is uncertain though.
Mike Schlebach, MD of PTWC, said the situation around Strandfontein 559 has truly brought home the lack of transparency and access to what should be publicly available information from the Department of Mineral and Petroleum Resources (DMPR) when it comes to mining.
“Applications to prospect or mine are mostly granted ad hoc and without clarity on whether there are existing applications or rights in these areas. It highlights the deluge of mining applications in the region, as well as the urgent need for a moratorium on all new mining and a Strategic Environmental Assessment (SEA) to determine the potential cumulative effects of mining on this fragile stretch of coast,” Schlebach added.
* South Africa’s cadastral (land registration) system assigns each land parcel a unique identifier, such as ‘Farm 123’, which ensures uniformity and accuracy in legal and administrative records.
Please support the vital work of Protect the West Coast. You can buy us a coffee (or round of coffees) every month, make a one-off or recurring donation or purchase some of our unique, limited-edition merchandise.
Your contribution will go a long way in funding our work to assist the people of the West Coast and help our efforts to preserve the natural beauty and ecological balance of this cherished region.
Despite decades of legal battles to secure land and mining rights, the people of the Richtersveld remain bereft of a share in mining wealth under their ancestral lands. Now the community is angry at a new challenge over the Green Hydrogen and Boegoebaai mega-project that again threatens to run roughshod over their rights.
Protect the West Coast (PTWC) has raised a red flag over a diamond mining application that will destroy 3,184 hectares of critical biodiversity biome in the Northern Cape. We encourage you to sign up to our new public participation platform Ripl to add your voice to our concerns regarding this potentially devastating application.
OF THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA, 1996
Everyone has the right to an environment that is not harmful to their health or well-being; and to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation; promote conservation; and secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.
© 2024 - Protect The West Coast