Case Decision - 187860

Final CommentAs according to section 35(4) of the NHRA (25 of 1999) any archaeological and palaeontological resources may not be damaged by development without a permit. Thus the expansion of the mine cannot proceed without the application of a permit for phase 2 archaeological mitigations for the following sites: - LIA 1 to 14. These sites need to be recorded and excavated before they are damaged or destroyed. Also according to section 34(1) of the NHRA (25 of 1999) any structures that are older than 60 years are protected from damage and destruction. As such a permit application is needed for the following site: - HH01, the NWPHRA needs to be informed for if this structure is going to be damaged or destroyed by the expanding mining activities.Also according to section 36(3)a of the NHRA (25 of 1999) no graves can be destroyed, damaged, altered, or exhumeed that are older than 60 years without a permit from SAHRA Burial Grounds and Graves unit. Furthermore, if the graves are less then 60 years old they fall under the Human Tissues Act (65 of 1983), in order to exhume any graves they need to be exhumed according to the Ordinance on Exhumations Act (12 of 1980). A permit application needs to be applied for to the relevant statutory bodies for the following sites: - GY01, this graveyard, if there will be not impact on it, does not require any further activity since it is already demarcated with a new fence which is also fitted with an entrance gate. - GY02, this graveyard lies too close to the open cast pit, and is unsafe for the visiting families. The graveyard must be fenced off. A buffer of 5m must be established between the graves and the fence. The fence must be fitted with a gate to ensure access to visitors to the graveyards. While relocation is the least preferred option, if the mining activities are expected to impact on Graveyard 002, a permit for grave exhumation and relocation must be applied for to the relevant statutory bodies responsible to the graves, and the family members must be notified about the graves removal to gain consent. A permit must be applied to both SAHRA for this and to the statutory body responsible for graves younger than 60 years under the Human Tissues Act (65 of 1983) and the Ordinance of Exhumation Act (12 of 1980).Furthermore, if any other archaeological resources are discovered in the process of expansion, development must stop immediately and SAHRA and a professional archaeologist or palaeontologist according to the nature of the findings must be called to inspect the findings. For further questions please contact SAHRA APM Unit (Nokukhanya Khumalo/ Mrs Colette Scheermeyer on 021 462 4502).