STATEMENT BY CIVIL SOCIETY ORGANIZATIONS ON THE ISSUE OF ACID MINE DRAINAGE (AMD) IN THE
WITWATERSRAND BASIN – 14 DECEMBER 2009
We, being civil society organizations and individuals concerned with the advancement of the
constitutionally protected right to environment that is not harmful to health or well-being and the right
to have the environment protected for present and future generations, state as follows:
1.
We are extremely concerned about the threat to human health and well-being, the built
environment, ecosystems, agricultural land and heritage resources posed by the potential
uncontrolled decant of acid mine drainage (AMD) in the Western, Central and Eastern Basins of
the Witwatersrand Basin. We regard this as the most significant environmental challenge
facing the region and one that requires urgent, co-ordinated action on the part of government,
the mines and civil society.
2.
We are aware that government, the mines and civil society players (most notably in the form of
the Federation for a Sustainable Environment, represented by Mariette Liefferink) have been
aware of, and engaged in finding a solution to the challenge for a number of years.
Notwithstanding this laudable commitment on the part of all players, the strategic approach to
and prospects of success in dealing with the AMD challenge on the Witwatersrand Basin are still
far from clear. With the level of AMD only 30cm below surface in the Western Basin and the
flooding of the Central and Eastern Basins imminent, we strongly believe that the time for
implementation of an effective, sustainable solution is upon us.
3.
We are aware that the mines operating in the affected areas, under various directives issued by
the then Department of Water Affairs and Forestry, have taken steps to treat the AMD which
started decanting on the Western Basin in 2002. Notwithstanding these efforts, we regard the
fact that the AMD was allowed to decant as an environmental tragedy that led to extensive
damage of natural resources and exposed – and still exposes – downstream communities to
significant health risks. We state in the strongest terms that this scenario must never be
repeated – that AMD in the Central and Eastern Basins must be maintained at an environmental
critical level and not be allowed to decant.
4.
In line with the constitutional injunction that the State take reasonable measures to prevent
pollution and ecological degradation, South African environmental policy and legislation
requires that pollution and degradation of the environment be avoided and that negative
impacts on the environment and on people’s environmental rights – including those of future
generations – be anticipated and prevented. It also institutes the State as the public trustee of
the environment and of water resources in particular, and requires the State to protect the
environment as the people’s common heritage.
5.
We believe it is therefore incumbent upon the State to implement, or to approve the
implementation of a regional solution that is technologically feasible, financially sustainable,
socially equitable and in conformance with international standards in terms of health and
environmental indicators.
6.
While we fully endorse the polluter pays principle, we also acknowledge that its application in
this particular context is difficult because of the historic failure to hold the mines accountable
for their detrimental impacts on the environment. We fear that an approach that simply directs
the relatively few remaining players in the gold mining industry to pay for the remediation of
the entire problem into perpetuity might not be feasible, delay the process of finding a
sustainable solution and ultimately lead to the State having to assume liability for pumping and
treating AMD for an indefinite time – a situation which has already materialized on the Eastern
Basin with the Pamodzi Mine.
7.
We are aware that the mining industry has collaborated in preparing a definitive feasibility study
for the establishment of a central water treatment plant – in the form of the Western Utilities
Corporation (WUC) – designed to pump and treat AMD in the Western, Central and Eastern
Basins to a potable water standard. We have been informed that while the documentation for
the approval necessary for this project to proceed to the next stage has been submitted, to date
the State has not provided a clear indication of its positive support. We are aware of and
acknowledge criticism of the project on technological, political and ideological grounds and are
keen to engage with government and the mining industry to find innovative solutions to
elements of the proposal that may not fulfill the requirements of environmental sustainability,
technological feasibility, financial sustainability and social equity. We are disturbed however
that to date it is the only comprehensive solution in the public domain that may be able to
address the immediate threat. We are very concerned that other proposals are not being
disclosed and that an open and transparent public debate on the pros and cons of the various
options is not taking place.
8.
We therefore call upon the State, in its role as custodian of our precious and scarce water
resources to disclose the various options to the problem of AMD in the Witwatersrand Basin it
is currently considering, to engage with civil society in finding an effective solution to the
problem, and to act with a sense of urgency so as to ensure that AMD in the Central and
Eastern Basins is maintained at an environmental critical level and is not allowed to decant.
Immediate action is imperative as it is estimated that AMD in the Central Basin will flood past
the environmental critical level in the next 18 months.
9.
We understand that a decision in these circumstances may appear politically daunting.
However, at the same time, we regard the FAILURE to take a decision as a choice in itself for
which we will also hold government accountable.
For further information regarding AMD on the Witwatersrand, contact Mariette Liefferink at
mariettel@iburst.co.za or mariette@pea.org.za. In order to sign the statement send your name, contact
details and, where relevant, the name of your organization to amd.workinggroup@gmail.com.
SIGNED:
Mariette Liefferink, CEO, Federation for a Sustainable Enviornment, on behalf of the organisations listed
below.
Anti Privatisation Forum
Birdlife Harties
Centre for Environmental Rights
Coalition Against Nuclear Energy
Concerned Seringveld Association
Earthlife Africa eThekwini
Earthlife Africa Johannesburg
Endangered Wildlife Trust
Environmental Monitoring Group
Escarpment Environment Protection Group
Federation for a Sustainable Environment
GeaSphere
groundWork
Hartebeestpoortdam Water Action Group
Institute for Zero Waste in Africa (IZWA)
Joburg Advocacy Group
Johannesburg Anglican Environmental Initiative
Lawyers for Human Rights
Legal Resources Centre
National Association of Conservancies/Stewardship South Africa
North West Conservancy/Stewardship Association
Pelindaba Working Group
Potch Petitioners
Public Environmental Arbiters
Renosterspruit Nature Conservancy
Save the Vaal (SAVE)
Seringveld Conservancy
South Durban Community Environmental Alliance
The GreenHouse People's Environment Centre
Wildlife and Environmental Society of South Africa
Dr. Pieter Hermanus van Eeden A representative of EcoMonitor
Professor Tracy Humby
School of Law, University of the Witwatersrand
Florian Kroll
On behalf of the Wits Health Promotion Unit
Vongani Lawrence Mashava
Human Rights Activist