Heritage Cases

The mine has agreed to pay for the costs of relocating the graves on behalf of the families involved.The relocation of the graves are at the request of the families involved. The mine did not previously know of the existence of graves at this location and has agreed to the project as part of their social responsibility commitment.In terms of the Regulations Relating to the Management of Human Remains (No R 363 of 22 May 2013) of the National Health Act (No 61 of 2003) and Ordinance 7 of 1925 (Graves and Dead Bodies Ordinance) (re-instituted by Proclamation 109 of 17 June 1994), we are applying to exhume the mortal remains buried in 10 graves in 1 informal cemetery on the above mentioned property, and to have them re-buried elsewhere. In addition we also comply with the relevant requirements set out in Section 36 of the National Heritage Resources Act (Act 25 of 1999).Coen Nienaber has been appointed by Lonmin Platinum to affect the relocation of all graves that are located in a cemetery within the project area on The Karee Mine Tailing Return Water Dam. an initial site visit was conducted and subsequently continual social consultation ad community participation has been conducted, as follows: ENGAGEMENT PERSON/GROUP GRAVES CONCERNED DATE TOPIC DISCUSSED K3 Graves Meeting Family Representatives, Lonmin, Mr Coen Nienaber All 11 February 2015 Meeting and introducing family representatives of affected graves. Number of graves affected discussed along with possible solutions. Families indicated that they wanted the graves to be relocated to 3 different areas Meeting regarding the affected graves Family Representatives, Lonmin, Mr Coen Nienaber All 7 May 2015 Proposal to exhume and relocate the affected 10 graves. Discussed location of graves and possibility of a GPR Survey Meeting at RWD, Tailings Dam 3 Community, Families, Mr Coen Nienaber and Lonmin ALL 16 September 2015 Meeting with families South African legislation with regards to mining, graves and processes to be followed. Documents and information needed form family representatives Meeting regarding the affected graves Family Representatives, Lonmin, Mr Coen Nienaber and Cherene De Bruyn All 26 February 2016 Logging family information and cultural preferences. Signing documents by commissioner of oaths and discussion on next processes to be followed The Lonmin team and the aplicant have conducted an intensive process of social consultation in order to identify the buried individuals and to obtain requests for exhumation and re-interment forms from the affected families. The grave identification process on the Lonmin project began in 2015. The local communities were invited to the site to identify their graves and the Lonmin community liaison officers recorded their information. This culminated in meetings with families, after an agreement was reached, discussions were formalized and documented as per attached letter and documents. Meetings were held with the families on an individual basis to record the details of their graves and to obtain signed consent to relocate each grave. The following persons were identified as next of kin for the graves: 1) Elsie Majola 2) Sidwell Temba 3) Abraham Majola The families represented by the above individuals have given their permission for the relocation of the graves in writing. Of the 10 graves included in this application 6 graves have been requested to be relocated to the Marikana Muncipality Cemetery, 3 graves have been requested to be relocated to Hamansakraal and 1 grave has been requested to be relocated to the Tlhatlaganyang Tribal Land. All the graves included in this application have been identified and claimed by corresponding next-of-kin who have given permission for Lonmin to relocate their graves. Following the heritage act, multi-lingual site notices are required to be placed at the location for 60 days prior to the permit application being submitted. Site notices were placed at the Karee Mine Tailing Return Water Dam at Lonmin Platinum near the graves. Multi-lingual (English and SeTswana) newspaper notices in the Daily Sun, a national newspaper and the Platinum Weekly, a local newspaper were published. The area is under the management and control of Lonmin Platinum Mine. Meetings had been arranged with the Family Representatives of the affected graves in order to discus and explain the exhumation and re-interment process. The Family Representatives of the affected graves has been met with over a series of meetings, as above, to discuss the traditions to be respected as well the logistics surrounding the exhumation and relocation process. The local South African Police Services were informed of the proposed relocation, and the station commander is aware that the process is underway. According to the newly promulgated health regulations (published in May 2013), a member of the SAPS must be on site during the exhumation of the remains. The Marikana Police Station will be informed of the date of relocation at least 7 days in advance in order to avail a police officer. We are currently in the process of applying for permit and permissions from the following institutions: 1. The North West Provincial Department of Local Government 2. The North West Provincial Department of Health 3. The Bojanala Platinum District Municipality The project will be assisted by a local registered undertaker, Dove’s Funeral Services, Rustenburg. The undertaker was appointed after a call for quotes was advertised to the service provided in the area. The undertaker is required to fill the following criteria: • Registration with local municipality; • Certificate of competence for funeral undertaker premises as stipulated in Regulation 363 of the National Health Act (61 Of 2003). The exhumation of the graves subject to this application will be conducted by a professional registered funeral undertaker assisted by an accredited archaeologist where it is required by the National Heritage Resources Act (25 of 1999). Where the affected family or next-of-kin could be identified their presence at the exhumation and participation in the re-burial will be arranged. All actions in terms of supervision and control during exhumation and re-burial will be in compliance with the requirements of Regulations Relating to the Management of Human Remains (No R 363 of 22 May 2013) of the National Health Act (No 61 of 2003). Any person that comes in contact with the human remains or is involved with the excavation of the grave will be supplied with, and be required to wear the appropriate Personal Protective Equipment (PPE). The human remains will be placed in a new coffin at the grave side immediately upon exhumation and will be sealed and disinfected before handling and transport to the re-burial site. Disinfectants and precautionary measures will be used during all stages of the exhumation process. The local South African Police Services were informed of the proposed relocation, and the station commander is aware that the process is underway. According to the newly promulgated health regulations (published in May 2013), a member of the SAPS must be on site during the exhumation of the remains. The Marikana Police Station will be informed of the date of relocation at least 7 days in advance in order to avail a police officer.