25 mai 2016 · UA: 119/16 Index: AFR 53/4058/2016 South Africa Sikhosiphi 'Bazooka' Rhadebe was shot dead on 22 March 2016 by two men who had On 2 April 2016, pro-mining members of the community assaulted two journalists
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[PDF] South Africa: Human rights defenders under threat
25 mai 2016 · UA: 119/16 Index: AFR 53/4058/2016 South Africa Sikhosiphi 'Bazooka' Rhadebe was shot dead on 22 March 2016 by two men who had On 2 April 2016, pro-mining members of the community assaulted two journalists
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UA: 119/16 Index: AFR 53/4058/2016 South Africa Date: 25 May 2016
URGENT ACTION
HUMAN RIGHTS DEFENDERS UNDER THREAT
Sikhosiphi Rhadebe, land rights activist and chairperson of the Amadiba Crisis Committee (ACC), was shot dead in March. Shortly before his death he learnt that his of two other leaders of the ACC. There are concerns over how the investigation of Sikhosiphi is being handled and for the safety of the two ACC leaders and other anti-mining activists in Xolobeni. was shot dead on 22 March 2016 by two men who had come to his residence inLurholweni in Eastern Cape Province claiming to be police officers. He was in the company of his teenage son.
those of other prominent ACC leaders, Mzamo Dlamini and Nonhle Mbuthuma.At the time of his death, Bazooka was the Chairperson of the ACC, a community-led initiative to oppose the
opencast mining of titanium and other heavy minerals on communal land in Xolobeni by a local subsidiary company
of an Australian group, Mineral Commodities Limited (MRC). The ACC is concerned that the project will entail the
eviction of hundreds of community members from their ancestral lands and lead to environmental damage,
with a negative impact on their right to an adequate standard of living,including access to safe drinking water. The ACC, which is made up of approximately 3,000 members has been
working for the past ten years to protect these rights of the community which will be at risk ifis granted mining rights. As a result of their activities, ACC members have been threatened and assaulted by
others, including community members, who support the mining initiative. Although the ACC has made complaints
to the police against known assailants, there has been very little response from the police. After the murder of
Bazooka, the remaining leadership of the ACC are deeply concerned about their safety.Shortly after the murder, the investigation was taken over from local police by the Directorate for Priority Crimes
Despite the attention of
this specialized unit, there have been a number of shortcomings in the way that the investigation has been carried
out, which raises questions about whether justice will be achieved for the Rhadebe family. Please continue to write in English or your own language: Urging the Directorate for Priority Crimes Investigation (DCPI) to thoroughly investigate the killing of
Sikhosiphi Rhadebe and provide regular feed back to his family on the progress of the investigation; Reminding South African authorities that as outlined in the UN Declaration on Human Rights Defenders, all
states have a duty to prevent and investigate human rights abuses against human rights defenders,including violence, threats or any other arbitrary action as a result of the legitimate exercise of their work;
Urging the South African police authorities to take all necessary measures to ensure that members of the
Amadiba Crisis Committee (ACC) can carry out their legitimate work defending human rights in safety,without fear of harassment or attack, and to investigate the death threats against the ACC leadership.
PLEASE SEND APPEALS BEFORE 6 JULY 2016:
Eastern Cape Provincial Head: DCPI
Major General Nyameko Nogwanya
Directorate for Priority Crime Investigation
Old Allied Building, Cnr Oxford & Buxton
Streets, 5th Floor
East London, Eastern Cape, South Africa
Fax: +27 43 722 4572
Salutation: Dear Major General
National Head: DCPI
Lieutenant General Mthandazo Ntlemeza
Directorate for Priority Crime Investigation
Koedoe Building, 236 Pretorius Street,
PRETORIA, South Africa
Fax: +27 12 393 2156
Salutation: Dear Lieutenant General
And copies to:
National Police Commissioner
Lieutenant General Khomotso Phahlane
South African Police Service
Wachthuis, 229 Pretorius Street 7th Floor,
PRETORIA, South Africa
Email: natcomm@saps.org.za
Fax: +27 12 393 4147
Also send copies to diplomatic representatives accredited to your country. Please insert local diplomatic addresses below:
Name Address 1 Address 2 Address 3 Fax Fax number Email Email address Salutation Salutation Please check with your section office if sending appeals after the above date.URGENT ACTION
HUMAN RIGHTS DEFENDERS UNDER THREAT
ADDITIONAL INFORMATION
Xolobeni The villages and the
land in the proposed mining area all fall under the customary law jurisdiction of the Umgungundlovu community. The
Umgungundlovu community forms part of the Amadiba Traditional Community and self-identifies as Indigenous.
Mineral Commodities Ltd (MRC), an Australian mining company has been seeking to mine almost 2,900 hectares of communal
coastal land at Xolobeni through its local South African subsidiary, Transworld Energy and Minerals Resources (TEM) and its
black economic empowerment partner, Xolobeni Empowerment Company (Xolco).The land in question is held in trust by the South African government on behalf of local residents under communal land tenure.
The community is claiming, in accordance with the UN Declaration on the Rights of Indigenous Peoples, that the government
must seek its free, prior and informed consent before granting a mining licence to TEM. Despite the demands of community
members, neither MRC nor the Department of Mineral Resources (DMR) have publicly accepted that the community has the
right to free, prior and informed consent before any mining activities commence.Approximately 600 people live within the proposed mining area and may be forced to leave if the mining application is granted,
losing their homes and land which they rely on for their livelihoods and which has cultural significance for them. Many residents
are also opposed to the mining because of the health risks associated with opencast mining and the environmental impact on
their ancestral lands, with a negative impact on their right to an adequatestandard of living. Other members of the community support the mining initiative, as they believe it will provide job opportunities.
In 2007, the Amadiba Crisis Committee (ACC) was formed to represent members of the local community who are opposed to
mining and to block the mining licence applications. In 2008, TEM secured a mining licence from the DMR. After the ACC
appealed this decision, the licence was revoked by the DMR. However, TEM still held prospecting rights, which expired in 2015.
In March 2015, TEM applied for a new mining licence. The application is still pending. In March 2016, on behalf of the
Umgungundlovu , the ACC and affected community members, lawyers acting for the community filed an objection to the application of TEM to mine in the area.Opponents of the mining have faced significant intimidation and violence. On 28 May 2015, following threats against and
assaults of mining opponents earlier that same month, members of the Umgungundlovu community sought and obtained an
interdict in the Grahamstown High Court ordering certain named directors of Xolco and their associates to refrain from
Although a case was opened with
police, no progress has been made in the case. In December 2015, attacks continued, with shots fired at the homes of ACC
members in Mdatya village and two opponents of the mining being hospitalised. The police released the suspects on bail in
January 2016. The ACC and Umgungundlovu have complained that the police have not been willing to actively follow up on
complaints that they have made or information that they have provided to police.On 2 April 2016, pro-mining members of the community assaulted two journalists from a national newspaper along with
members of the ACC who were accompanying them, when they tried to access the proposed mining area after attending
. No arrests have been made although the attackers are allegedly known.