South Africa: Land rights activist takes on mining giants

Author: Sipho Masombuka
Category: Resource Extraction
Date: 2/16/2010
Source: The Sowetan
Source Website: http://www.sowetan.co.za
http://www.sowetan.co.za/News/Article.aspx?id=1114386

Summary & Comment: Villagers who stand to lose when a mining company extends its operations on their land flooded the court room in solidarity with the lawyer who was representing them against social dispossession.

Pretoria high court judge, Takalani Raulinga yesterday had to move Anglo Platinum and Patrice Motsepe’s African Rainbow Minerals’ defamation case against human rights lawyer Richard Spoor to a larger courtroom – due to congestion. Courtroom 4B was overflowing with villagers from Maan dagshoek and Mokopane who descended on Pretoria from Limpopo in solidarity with Spoor – who is acting on their behalf in their fight for their land on which the two mining companies are extending their operations.

Spoor’s defamation case stems from statements in which he reportedly labelled the mining companies “racist, reactionary, and offensive” in their dealings with the affected communities. In May 2006 Spoor was also quoted in a Sunday newspaper as saying:

“The mining companies pay shyster lawyers, politicians, and government officials to facilitate agreements with communities. Cash, lucrative sub-contracts, BEE shares, and 4x4 pick-ups are favourite incentives.”

Despite interdicts preventing Spoor from making any further comments of defamatory nature, Anglo Platinum is seeking damages of R2million – and African Rainbow Minerals of R1,5million – for statements already made. In the application, counsel for the companies, Frans Odendaal SC, said the statements were wrongful, defamatory, and made with the intention to defame his clients. Spoor is expected to argue in his answering affidavit that the statements were substantially true, in the public interest, and justifiable. "I am not paid to represent the communities, therefore, I am practically being buried by these companies for defending what is right against what is wrong, social dispossession,” Spoor told the Sowetan.

The case continues.