Heritage Cases

Introduction As part of the HIA for the Ivanhoe Platreef Resources Project at Mokopane, Limpopo Province graves were identified as affected. The first phase of grave relocations have already been concluded and since engagements and consultations with the surrounding communities and families have been on-going a second phase including 16 graves to be exhumed and reburied at cemeteries indicated by the affected families is proposed. Location Province Limpopo Province Magisterial District / Local Authority Mokopane Magisterial District Local Authority Waterberg District Municipality Municipality Mogalakwena Local Municipality Property Name and Number Turfspruit 241 KR Macalacaskop 243 KR Rietfontein 2 KS 1: 50 000 Map Sheet 2428BB Tinmyne and 2429AA Mokopane GPS Co-ordinates (the relative centre point of the study area) East/LON/X: -24.113113 South/LAT/Y: 28.965987 Graves included in this application IVN_PGS_No XLO29Ha YLO29Ha Lat WGS84 Long WGS84 NOK_Name RELATION DECEASED_N DOB DOD SEX REBURIAL_A 1 001_01 -4570.37 -2665255.54 S24° 5' 23.93" E28° 57' 18.19" Moatshe, Nkadibola Victor Grandmother Moatshe, Mekgowana Unknown Unknown F Magongoa 2 004_01 -4400.64 -2665396.87 S24° 5' 28.53" E28° 57' 24.19" Ledwala, David Nkotsana Brother Ledwala,Lesiba Unknown 1953 M Magongoa 3 004_02 -4400.25 -2665394.18 S24° 5' 28.44" E28° 57' 24.21" Morure Patrick Kolotse Aunt Kolotse, Mokgaetse Unknown 1965 F Magongoa 4 011_01 -3220.53 -2664503.48 S24° 05' 00.5" E28° 58' 10.0" Andrew Matjeke Nephew Maluleke, Matlhareng Unknown Unknown M Matjeke 5 016_01 -4453.84 -2664110.77 S24° 4' 46.72" E28° 57' 22.33" Kgatle, Malose Levy Grandson Makgeta, Malose Petrus Unknown 1900 M Masehlaneng 6 016_02 -4449.12 -2664105.14 S24° 4' 46.54" E28° 57' 22.49" Makgeta, Lleka Abram Unknown Makgeta, Raisibe Unknown Unknown F Magongoa 7 016_03 -4449.68 -2664105.93 S24° 4' 46.57" E28° 57' 22.47" Kgatle, Malose Levy Nephew Makgeta, Jeremiah Unknown Unknown M Masehlaneng 8 016_04 -4451.02 -2664107.13 S24° 4' 46.60" E28° 57' 22.42" Makgeta, Lleka Abram Brother Makgeta, Lesibana Unknown Unknown M Magongoa 9 016_05 -4451.68 -2664108.66 S24° 4' 46.65" E28° 57' 22.40" Makgeta, Lleka Abram Brother Makgeta, Madimetsa Unknown Unknown M Magongoa 10 121_01 -5579.76 -2666227.67 S24° 5' 55.52" E28° 56' 42.44" Moshishi, Anna Lebelo In-Law Kekana, Matsobane William Unknown Unknown M Kgobudi 11 121_02 -5580.27 -2666225.74 S24° 5' 55.45" E28° 56' 42.42" Moshishi, Anna Lebelo In-Law Kekana, Nkgomo Raisibe Unknown Unknown F Kgobudi 12 121_03 -5580.43 -2666224.50 S24° 5' 55.41" E28° 56' 42.41" Moshishi, Anna Lebelo In-Law Kekana, Lesiba James Unknown Unknown M Kgobudi 13 121_04 -5580.86 -2666223.25 S24° 5' 55.37" E28° 56' 42.40" Moshishi, Anna Lebelo In-Law Kekana, Lettie Unknown Unknown F Kgobudi 14 121_05 -5581.07 -2666221.96 S24° 5' 55.33" E28° 56' 42.39" Moshishi, Anna Lebelo In-Law Kekana, Mmalehu Unknown Unknown F Kgobudi 15 121_06 -5578.06 -2666227.11 S24° 5' 55.50" E28° 56' 42.50" Moshishi, Anna Lebelo In-Law Kakana, Monganga Unknown Unknown F Kgobudi 16 121_07 -5579.27 -2666222.96 S24° 5' 55.36" E28° 56' 42.45" Moshishi, Anna Lebelo In-Law Kekana, Jan Unknown Unknown M Kgobudi Social consultation Consultations with affected communities and directly affected families have been on-going since 2014. A dedicated team conducts public consultations and direct consultations with families. This has resulted in permission from the Traditional Authority (refer uploaded document) and written permission from each family to relocate graves being obtained (refer uploaded documents). Procedure for grave relocation as agreed with communities and families 1. Criteria for the relocation of graves Graves that fall within the fenced area of operation of the Platreef Project will be relocated. 2. Responsibilities of Platreef regarding exhumation and reburial 2.1. Platreef will be responsible to ensure the following: 2.1.1. That the human remains and members of the affected families be treated with respect and according to accepted cultural and ritual practice. 2.1.2. That a suitably qualified and accredited person is present to supervise each exhumation and release the remains in a coffin for reburial according to the specific funeral arrangements made by the family. 2.1.3. That the following legislation is complied with: 2.1.3.1. Graves and Dead Bodies Ordinance (Ord 7 of 1925; re-instituted by Proclamation 109 of 17 June 1994) 2.1.3.2. Exhumations Ordinance (Ord 12 of 1980) 2.1.3.3. National Health Act (Act 61 of 2003) 2.1.3.4. Regulations Relating to the Management of Human Remains (R 363 of 22 May 2013) 2.1.3.5. Applicable Municipal by-laws under the Municipal Systems Act (Act 32 of 2000) 2.1.3.6. National Heritage Resources Act (Act 25 of 1999) 2.1.4. Ensure that existing tombstones and grave markers are removed without damage and replaced on the new grave in the same condition as they were found 2.1.5. Document all information for each grave and present the information in a report compliant with legislative requirements. 2.1.6. That all human remains are removed from the grave in its entirety 2.1.7. That graves be backfilled after exhumation of the remains 2.2. Platreef will provide the following for each exhumation and reburial conducted: 2.2.1. The services of a suitably qualified and accredited person to conduct the exhumation by hand and documentation of each grave 2.2.2. Coffins as specified for reburial 2.2.3. New graves and the backfilling of new graves after the reburial 2.2.4. The services of a suitably accredited Funeral Undertaker to transport and rebury the remains according to the requirements of the affected family 2.2.5. Access to the graves relocation report on request by affected families 3. Rights and responsibilities of the family of affected graves 3.1. The rights of the affected families are the following: 3.1.1. To attend the exhumation and reburial 3.1.2. To request a reasonable opportunity for cultural and ritual practices during the process 3.1.3. To choose the manner of reburial according to the accepted custom and beliefs of the affected family 3.2. Each of the affected families must do the following: 3.2.1. Provide full and current information regarding the deceased and the grave in question and furnish all relevant documents in their possession 3.2.2. Elect a representative who will be authorised, receive assistance and sign relevant documents on behalf of all family members. 3.2.3. Confirm with representatives of Platreef where the deceased is buried 3.2.4. Supply the necessary details of the deceased and the circumstances surrounding the persons’ death as requested by the representatives of Platreef 3.2.5. Provide a properly constituted written request that the grave(s) in question be exhumed and reburied. 3.2.6. Identify the locality of the preferred reburial site from the sites available for reburial identified by Platreef 3.2.7. Must avail themselves at two weeks’ notice from Platreef to attend the exhumation and reburial on agreed dates 4. Assistance to affected families 4.1. Where graves affected by the Platreef Project meets the stated criteria for exhumation and reburial and families have fulfilled the responsibilities stipulated; Platreef will assist affected families to full fill their cultural and ritual requirements during re-burial in line with accepted customs and traditions 4.2. Assistance is rendered per family per reburial ceremony independent of how many graves are included. Site notices Site notices (with the wording below) were displayed at each grave for 60 days. Also, refer uploaded photographs for examples of notices at graves.