Bellevue Newsletter April 2010
Corobrik applies for prospecting right for clay on Bellevue
At the end of 2008 we were informed by Corobrik that they had applied for prospecting rights for clay on our farm. The piece of land on Bellevue for which prospecting rights for clay have now been awarded to Corobrik, includes the historic old Pinotage vineyard block.
Approximately three weeks later Corobrik furnished us with a so-called “Prospecting Work Programme”.
I received a letter, dated 12 Augustus 2009, from the Department of Minerals and Energy by registered mail in which they informed Corobrik that prospecting rights for clay on Bellevue had been awarded to them. Corobrik was cautioned in that letter to adhere to and comply with the EMP (environmental management plan).
At the beginning of October 2009 we received a visit from Mr Dirk Meyer (Managing Director of Corobrik SA) and Mr Christie van Niekerk (Manager of Corobrik, Western Cape). I had the impression that neither one of them, nor any other person from Corobrik, had ever been to Bellevue before. They did not at all know where the land in question was situated and it appeared (to me, in any case) that they were surprised when they learnt that there were vineyards on the land earmarked for prospecting.
We are employing the services of Mr Albert Marais (Marais Muller Yekiso in Kuils River) as attorney, who, at this stage, has taken legal advice from Advocate Elsa van Huyssteen.
She has made the following recommendations in her report:
1) That we indicate to Corobrik that the portion of land in question is still zoned as Agricultural Zone 1;
2) that they did not start prospecting (as is stipulated) within 120 days of the awarding of the prospecting rights;
3) that they be referred to the judgment and outcome of the court cases Meepo v Kotze and Others 2008 (1) SA 104 (NC) and Joubert v Maranda Mining Co (Pty) Ltd 2010 (1) SA 198 (SCA).
I supplied this information and other relevant background particulars to Jorisna Bonthuys of Die Burger, as well as to Elbe van Heerden of Eikestadnuus in Stellenbosch. Their reports on the matter appeared in Die Burger of Thursday, 11 March 2010 and the Eikestadnuus of 12 March 2010. Both of the journalists made telephonic contact with Mr Meyer of Corobrik. This was also featured in Mail & Guardian on Friday 26 March 2010.
Despite the fact that Mr Meyer downplayed the matter in the Eikestadnuus as an issue of little importance (“we actually prefer to co-operate with the farmer on a voluntary basis and if the farmer is not happy, we would rather go and look at other places”), a new document was delivered to Mr Marais last Friday afternoon (12/03).
In the area in question where the prospecting rights have been awarded, there are two areas included in the BWI Project, namely the Swartland Shale Renosterveld and the Cape Flats Sand Fynbos. Both are described by BWI as “critically endangered”, but yet prospecting rights have been awarded, while the EMP states that there are no “nature reserves” in the vicinity of the envisaged area (C1.6, p 13)!
Corobrik has in the mean time, in reaction to our document telling them they don’t have the correct zoning for prospecting in that area, sent us an addendum to their surface lease agreement, asking us to assist them in any legal procedure that’s necessary to obtain the needed authorization to prospect there!