Both "G" and "B" applied for prospecting
rights.
[12] Genorah had submitted its application for prospecting rights over five properties, including the farms, to the Department on 6 February 2006. It supplemented its
application on 17 February 2006 by referring to consultation with the Community in the
following terms:
―Nooitverwacht 324 KT: Tropical Paradise introduced themselves to the Tribal Authority and Kgoshi Nkosi on the 3 of February 2006 but have not received a response to date.
(A few weeks later they got the letter from "B" saying not thanks.)
On 20 February 2006 the Department informed Genorah that its application had been accepted for further processing and that it was required to: submit an environmental
management plan; consult with the landowner or lawful occupier of the land, as well as with other interested and affected parties; and to report the results of the consultation to the Regional Manager.
"G" failed on all the above, before Bengwenyama Mins had the above, into the DMR and yet got "G" the rights.
The Con Court,has it recorded under the heading of
"Facts"
Again.
[17] On 15 September 2006 the final investment agreement was concluded. On the next day, the Kgoshi of the Community wrote a letter to the Department stating his concurrence and approval of Bengwenyama Minerals acting as a ―"black empowered enterprise"‖ on behalf of the Community. Approximately two weeks later the Department informed Bengwenyama Minerals that it needed to furnish a guarantee of R20 000 to cover the costs of the potential environmental impact caused by the operations, by 20 November 2006. On 6 October 2006 the Kgoshi wrote a letter regarding the Communitys application to prospect over the farms, in which he stated that Genorah (as well as other companies) had failed to meet or consult with the Community or him as the
Kgoshi of the Community in regard to prospecting rights on the farms. He expressed surprise that during the process of the Communitys application they were informed of
other applications and recorded their objection to them. On 10 October 2006 the requisite financial guarantee for environmental rehabilitation was provided by Bengwenyama Minerals to the Department.
As I said, if you have been to these sorts of country's, you know exactly how "G" side stepped the process. Look who there "G" BEE are.
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