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Last-minute settlement agreement averts West Coast diamond mining lawsuit

05 september 2023

A last-minute settlement agreement was reached between a South African diamond mining company on the West Coast, small-scale fishing villages in the area, and environmentalists, according to local media reports.

Ground Up reports that the agreement avoided a lengthy and costly High Court case.

The settlement agreement reached with Trans Hex Operations, the primary respondent in this legal dispute, was made an official order of court by the Western Cape High Court.

This confirmation ensures that Trans Hex Operations will be prohibited from mining diamonds in any future conservation areas along the West Coast.

These areas include the ecologically valuable Olifants River estuary as well as various other small regions known for their remarkable biodiversity.

In addition, the agreement guarantees that the company will carry out its future operations in compliance with enhanced environmental management programmes (EMPs).

Moreover, it commits to addressing the unique concerns of the Doringbaai and Olifants River small-scale fishing communities, who are among the applicants, through a dedicated study that will be integrated into the updated EMPs.

However, the legitimacy of the government's controversial awarding of 30-year renewals to mining rights without any public input or notification remains uncontested for now.

Protect the West Coast applauded the settlement agreement, asserting that it ensures the preservation of one of South Africa's most biodiverse and delicate ecosystems, safeguards the livelihoods of local fishermen, and unlocks tourism potential.

However, it cautioned that the agreement was only the first step in ensuring that mining on the West Coast is properly managed.

"While this outcome is certainly a victory, it is just one small battle won in the ongoing war against inadequately regulated mining in the region. There is still much work to be done and the fight against unlawful mining on the West Coast is far from over,” the group’s managing director, Mike Schlebach, was quoted as saying.

"But this victory has shown us what is possible in our mission to Protect The West Coast on behalf of its communities, and voiceless natural spaces, with flora and fauna.”

Mathew Nyaungwa, Editor in Chief of the African Bureau, Rough&Polished