Mynbou versus voedselsekerheid : 'n konflik van regte in die Kalahari-distrik

Abstract

Mining is important for the economy of a country, and is consequently encouraged. From an environmental conservation perspective, mining is in essence not sustainable. Section 24 of the Constitution of the Republic of South Africa, 1996, states that the state is compelled to protect the environment for present and future generations, but that justified development should also be promoted. Agriculture is equally important to a country and to its people. Section 27(b) of the Constitution provides for the right of access to sufficient food and water. Similar to mining, agriculture may have an impact on the environment. Mining is in conflict with agriculture in the sense that it may sterilise land to such an extent that it can no longer be used for agricultural purposes, and subsequently cannot contribute to food security. The National Water Act 36 of 1998 states that it is of cardinal importance that South Africas water resources are protected, developed, conserved, managed and controlled. This applies to both mining and agriculture. In the Kalahari district conflict develops between farmers and the mines (mainly the Sishen and Khumani iron ore mines) with regards to water usage. Vast quantities of water are pumped from the earth for mining activities to meet the daily needs of the miners. Mining may have an impact on food security, since grazing becomes poor and the camel thorn trees, which provide food, wither and die, and subsequently destroy ecosystems because of a lack of water. This necessitates establishing how the law would deal with and solve conflict between the rights of the mines and farmers. In the course of this study various underlying and founding themes are addressed, inter alia: (a) Section 24 of the Constitution, the right of access to sufficient food and water; (b) the usage of water by mining and agriculture, how conflict concerning water is regulated and the application thereof to the Kalahari.