RE: Vametco Dispute30 Oct 2021 15:29
Part 2
The community says 2001 was also the last time they received royalties from Vametco.
Even now, members say they are unable to see what withdrawals were being made from their D-account, despite the help of their auditors, PricewaterhouseCoopers. It took a subsequent court case to remove both warring interim committees. In January 2003, Vametco also announced that it would not pay royalties into the D-accounts but would instead be paying into the individual accounts of the 83 families that make up the Uitvalgrond community. But more court cases would ensue, with Vametco then insisting that monies, if paid, would be paid into accounts overseen by members of an appointed joint committee of the two opposing committees.
It has resulted in the community remaining in limbo. It has also been established that since 2001 they have had no valid mining agreement in place with Vametco, and they also no longer have a committee representing them. They have also been seemingly ill-advised, with many so-called consultants accepting the scope of work and the payment, but under-delivering. Vametco has confirmed that it does have a surface lease agreement with the community, which was finalised in December 2017, and since then it has discharged all its duties in terms of that agreement. It also has a valid new order (NO) mining right which it obtained in 2013 under the terms of the MPRDA. The company said that it has “concluded all necessary lawful agreements and is in possession of a valid NO mining right which authorises it to conduct its mining activities on the property.” Between 2004 and 2014 the Uitvalgrond co-owners battled to have a constructive relationship with Vametco largely because the community could not speak with one voice. There is still no consensus among the community as to who sits on their executive committee. The ownership of the Uitvalgrond land remains contested.
Many parties were arriving at Vametco’s offices, all claiming to be legitimate representatives of the Uitvalgrond community.
This led to a series of meetings among all stakeholders and, from that year until the present time, a series of court disputes that have not been resolved. The court requested a process of identifying the rightful owners to the land that has taken almost two years to complete.
Some of the court cases have been withdrawn while others have been dismissed with the instruction that the community must finally decide among themselves who they as a collective will elect and recognise as their representatives. At the time of writing this report (2018) the community insiders confirmed that there is still no resolution to this matter. The community is still left writing letters and filing reports to everyone from Parliament and ministers, to the police and civil society groups.