The North West High Court has dismissed an opposed application in which angry residents of Bodibe boo Tau Rapulana outside Mahikeng contested socioeconomic issues.
The group wanted the court to force a cement company in their village, Lafarge (PTY) LTD, to compensate the beneficiaries that had to make way for the company to operate on their land.
The beneficiaries, according to the court, were given R35, 000 each. This was with a plan to give them a full settlement of R700, 000 each. The final payment was for all the damages caused by the company while moving in.
Houses damaged by mining operations
They also told the court that the blasting by Lafarge’s cement mining has caused structural damages to their houses. Most of them have cracks and could potentially collapse.
They further complained about the houses to which the affected Bodibe residents had been relocated. These houses were defective, inferior, and violated Section 10 of the South African Constitution, they said.
The residents argued that the pollution created by Lafarge’s mining operations had an impact on their wellbeing and health, as well as those of their cattle.
Lafarge’s fence surrounding the tribal grazing property also created problems. It infringed on their right to use the area for their livestock to graze there, they said.
They wanted the court to force Lafarge to remove the razor wire and electric fence around the railway. This in order to prevent further cattle injuries and losses.
Judge Thabiso Masike said he was satisfied with the objective of the affected residents. They represent its members about their socioeconomic rights in particular, as it relates to the mining activities of Lafarge.
The judge said the deponent to the affidavit of the applicant has not identified which households are to be paid the amount of R700, 000. This in addition to the R35, 000 that was given to each of said households as a settlement.
Judge questions lack of supporting documents
He also said he was struggling to understand how the figure was arrived at as a settlement amount for damages. There were no confirmatory affidavits of the persons who are to be paid this amount. The missing affidavits would confirm the averments of the deponent to the affidavit of the applicant.
“The sought relief of payment in the amount of R700, 000 is further incapable of being decided in motion proceedings. It would require oral evidence to be led for the determination of the alleged damages already suffered.
Case too weak
“I am of the view that the applicant has failed to show that it has the necessary locus standi to bring this application. This is in terms of the common law or terms of section 38(d) of the Constitution of the Republic of South Africa. In that the applicant has no existence on its own. It has no locus standi to sue and be sued in its name,” he said.
