Press stories on the proposed Greenstone Quarry, Malolotja Nature Reserve, Swaziland

Saturday, November 24, 2001 - Guilty as charged

MALOLOTJA- Judgement against a Taiwanese company, Michael Lee Enterprises for which sought mining rights of the green-chert stone at Malolotja nature reserve has put away any doubts that the place in which the mineral is located is inside the reserve.

It was one of the arguments that the green chert was outside the nature reserve and that the Swaziland National Trust Commission (SNTC) had no right over it.

The judgement was made by the High Court following an application by the company to be allowed to mine the mineral as it was granted the rights to do so by His Majesty King Mswati III. This was after the king had been misled into believing the chert was outside the reserve.

SNTC’s chief executive officer, Sinaye Mamba said he was happy about the judgement. “What can I say? I am happy that finally justice has prevailed.”

After the SNTC informed the king that it was not true that the chert was outside the nature reserve and that signing it would defeat already existing laws, the king visited the place to see for himself.

The law prohibit any form of mining on granting of mining rights to Michael Lee Enterprises created tension between the then tourism minister Musa Nkambule and the SNTC.

Former Prime Minister, Sotsha Dlamini who was a member of the SNTC board resigned his position in frustration.

The green chert, which is used in the making of jewelry is situated north of Malolotja on the side of a mountain stretching for about 100 metres and lying below it is a thick forest of indigenous trees. If the mining had been allowed to go ahead and mine the chert, the forest would have been affected. The SNTC feared that once the forest is lost, it would never be recovered. The beautiful scenery would have been lost.

The noise coming from the mining site and human activity in the area would have scared away the animals. The SNTC refused to allow personnel from Michael Lee Enterprises, access to the green chert site, citing regulations.

Malolotja’s senior warden, Richard Boycott who took Swazi News to the site said the company’s personnel were refused access after they started drilling the rock. He said in the first instance, it was agreed that they could only take samples from pieces of rock lying around the site. But they did something contrary to the agreed conditions. They drilled the rock and inserted iron rods in an effort to force crack it.

Boycott said illegal mining of the chert stopped over four years ago after the arrest of the ‘miners’ led by one Robert Dlamini who had in his possession invalid permits. “As you can see, there hasn’t been human activity in the area for a long time. We are making sure that illegal mining is not carried out. Our rangers patrol this area frequently,” he said.

Saturday, June 2, 2001 - Green chert mining takes new twist

Chinese Investor, trading as Michael Lee Enterprises CC has taken the Swaziland National Trust Commission (SNTC) and the Minister for Tourism Environment and Communication to court for delaying his rights to mine a precious stone, green chart.

The company wants the two respondents; SNTC and the Minister restrained from interfering with his right to mine and further enter the mining lease area and utilize its access roads.

According to papers filed at the High Court, the company also wants SNTC workers stopped from trespassing in the area allocated to the company to mine the precious stone.

The company has asked the High Court to issue an order stating that its mining lease area does not fall under the proclaimed Malolotja Nature Reserve and consequently, the Swaziland National Trust Commission has no authority over its minerals lease area.

Yun-Wei Lee said he is the Director of Michael Lee Enterprises Close Corporation based in Sunning hill, Sandton Johannesburg- South Africa.

“Applicant has entered into a minerals lease agreement with the Ngwenyama and intends to quarry for green stone/ventalite in the minerals area.”

Lee said the High Court has jurisdiction over the matter as the mineral’s lease agreement was executed within its jurisdiction area, Swaziland.

He said on April 2, 1997 the Ngwenyama sanctioned a written mineral’s lease agreement that granted his company the right to quarry, process, remove and sell ventalite stone on that land in extent approximately 163 hectares situated on the South of Bulembu Village.

According to Lee, the lease is valid for five years but the company may request its extension.

“Difficulties were experienced by the applicant (company) to gain access to its mineral’s lease area in order to conduct the necessary environmental impact assessment studies as required by law and also to start with preparation for mining activities, as the SNTC officials through the wardens of the Malolotja Nature Reserve did not wish to grant the applicant access to the minerals lease area which they believed fell within boundaries of the Malolotja Nature Reserve.

Because of the process being delayed and the quarrying not being able to commence, Michael Lee Enterprises CC lost the buyer for its entire production of ventalite stone.”

Lee said wardens of the nature reserve who have threatened to criminally prosecute them for trespassing in the area have frustrated further visits to the mineral area.

“On March 2 2001, a letter was issued to the applicant who advised that His Majesty, the Ngwenyama of Swaziland, through the Swazi National Council Standing Committee ordered that the applicant shall start quarry operations.

On March 12, 2001 and again on the March 14, 2001 and regardless of the letter referred to the wardens of Malolotja Nature Reserve on both those occasions, the applicant was denied access to its minerals lease area. – Thulani Mthethwa (Guardian).

Friday, April 6, 2001 - SNTC involvement in green chert mining questioned

LOBAMBA - Member of parliament (MP) Marwick Khumalo has questioned the involvement of the Swaziland National Trust Commission (SNTC) in the controversy surrounding the mining of the green chert at Malolotja.

MP Khumalo wondered if the minister of tourism, environment and communication Stella Lukhele is not worried about the involvement of the SNTC in the issue because it delays the much needed investment in the country.

This was during the debate of the ministry’s budget allocation for the current financial year yesterday.

MP Khumalo also wanted to know who owns the land where the green chert is. “I am worried because the SNTC is acting against the minerals committee.

I would like the minister to explain to us what would happen as regards the issue,” said MP Khumalo.

He said the minister must take into consideration that there is investment involved in the matter that would benefit the country.

The green chert saga has been going on for years now and the mining license was granted to Michael Lee Enterprises.

The king signed the lease agreement giving the company rights to exploit the green chert in Malolotja, Portion 1 of Farm 357 which is not, in terms of the Act, part of Malolotja Game Reserve.

The same Act describes nature reserve or reserve “as a nature reserve established under Section 12 on land which may include private land and in respect of which management and control by the commission are subject to certain private property rights or limitations or restrictions imposed by the Ingwenyama in terms of this Act”.

Apart from these provisions, in terms of the law, minerals supersede surface rights in the Minerals Act and the Ingwenyama reigns supreme.

The argument is that the king would not have granted the farm to both the company and the SNTC at the same time.

All that remains is for the SNTC to remove the fence barring the company from exploiting the green chert.

Friday, April 6, 2001 - MLE should collect only loose deposits - SNCSC

LOZITHA – A clash of interests between provisions of the National Trust Commission Act and that of the Mining Act has resulted in Michael Lee Enterprises, which was granted right to mine green chert at Malolotja, to only collect loose deposits of the precious stone.

The Swazi National Council Standing Committee (SNCSC) recommended that the Chinese firm should only mine the loose deposits and leave the chert rock intact until a new legislation is in place.

Sources within the SNCSC disclosed that the king’s advisory body instructed the attorney general to make sure Michael Lee Enterprises are allowed to go ahead with the removal and processing of only the loose stones falling into the adjacent stream.

It has been established that this decision was reached after a standoff between the investors (MLE) and the Swazi National Trust Commission (SNTC) who both claimed jurisdiction over the same area yet MLE had already been granted the rights to exploit the stone by the Ingwenyama in April 1997.

The sources further stated that the Minerals Committee signed a defective lease with MLE because at the time, the SNTC remained adamant that the place was within a game reserve.

As the SNTC resisted the mining of any nature in the disputed territory, the lease was stopped and the matter referred to the SNCSC especially because the investor was also complaining that he was not allowed to exercise his right.

The SNCSC firstly wanted to know who might have misled the king into signing the lease.

The sources said all the major players were called in including the then minister of tourism and environment, the late George Vilakati.

The SNTC argued that Swaziland would not get support from donors because she allowed mining in a game reserve especially because the Act states that there should be no mining of any sort in the reserve.

It further argued that the Act would rather be referred back to parliament if any mining were to take place in that area.

The SNTC defended that there is a type of protected black swallow along Mgwayiza Valley and tourists from many parts of the world come to see this bird.

The SNTC produced a report which questioned the value of the chert for the country to allow mining in or near the reserve.

The Minerals Committee and the Department of Geological Surveys produced proof that the area was outside the game reserve.

The department was ordered to evaluate the loose deposits and it was discovered that there are 2000 tones of loose deposits, hence the rampant stealing of the stone in the area.

It was then that the king ruled that only the loose chert be exploited until there is a law in place to govern the rest of the mineral reserve.

Wednesday, April 4, 2001 - Green chert farm was sold to king

MBABANE – The Swaziland National Trust Commission (SNTC) did not proclaim Farm 1/357 north of the Komati River because it was sold to the king (Ingwenyama) in June 1977.

According to arguments advanced by Michael Lee Enterprises, Section 12 of the National Trust Commission Act states that the minister “shall not proclaim any Swazi Nation Land in terms of this section without first having to obtain written permission from the Ingwenyama who may therein impose such restrictions or limitations as may deem fit.”

His Majesty King Mswati III signed the lease agreement giving the company rights to exploit the green chert in Malolotja, Portion 1 of Farm 357 which is not, in terms of the Act, part of Malolotja Game Reserve.

Apart from these provisions in terms of the law minerals supersedes surface rights in the Minerals Act and the Ingwenyama reigns supreme.

The argument is that the king would not have granted the farm to both the company and the SNTC at the same time.

All that remains is for the SNTC is to remove the fence barring the company from exploiting the green chert.

Part of the land taken by the SNTC, includes a farm belonging to Havelock Asbestos Mine whose deed of sale is numbered 352. This farm is also in the north of the Komati River.

It is also argued that the SNTC cannot apply sections 20 (I) and 21 (2) because the farm is not proclaimed yet.

Wednesday, April 4, 2001 - Green chert farm was sold to king

MBABANE – The Swaziland National Trust Commission (SNTC) did not proclaim Farm 1/357 north of the Komati River because it was sold to the king (Ingwenyama) in June 1977.

Apart from these provisions in terms of the law minerals supersedes surface rights in the Minerals Act and the Ingwenyama reigns supreme.

The argument is that the king would not have granted the farm to both the company and the SNTC at the same time.

All that remains is for the SNTC is to remove the fence barring the company from exploiting the green chert.

Part of the land taken by the SNTC, includes a farm belonging to Havelock Asbestos Mine whose deed of sale is numbered 352. This farm is also in the north of the Komati River.

It is also argued that the SNTC cannot apply sections 20 (I) and 21 (2) because the farm is not proclaimed yet.

Tuesday, April 03, 2001 - SNC questions green chert mining approval

MBABANE – The Swazi National Council standing committee has questioned a letter written to Michael Lee’s company, MLE Enterprises regarding the mining of the green chert at Malolotja Farm.

The letter in question was written by the Minerals Committee in compliance with an SNC order that the company starts mining the green chert as of early last month.

However, investigations by this newspaper revealed that while the company moved in to start mining the green chert, officials in the ministry of tourism are said to have locked the gates prohibiting the company from continuing with its work.

In a meeting between the company, the SNC, the ministry of tourism and geology officials held on Thursday, it transpired that the SNC disputed the wording of their decision, which was the order that the company start mining with immediate effect.

It is said that given that the SNC was not happy with the wording of the order, the Attorney General was instructed to convene a meeting with the lawyers of MLE Enterprises and of relevant ministries to draft an order that will clearly project the decision of the King’s order.

When it was investigated how the King’s order was misinterpreted in the letter dated March 2 to the company, it transpired that the order was verbal and the minerals committee was ordered to go and write the letter based on the verbal decision.

It was on the strength of that letter that the company moved into the farm, which is argued to be falling within the Malolotja Nature Reserve.

The King is said to have signed a lease agreement for MLE Enterprises on April 2, 1997, which gave it the right to mine the green chert, but the Swaziland National Trust Commission (SNTC) is said to have brought to the attention of the King that the farm fell within the Malolotja Nature Reserve.

The National Trust Commission (Amendment) Order, 1973, article 20 (i) prohibits the digging or excavating of pit or trench, or otherwise interfering with the natural configuration of the land in a park or reserve or altering the natural flow of water in a park or reserve.

Subsection (l) states that; ‘to cut, carve, write on or otherwise deface any rock, building, notice board or other object, whether natural or otherwise, in a park or reserve, or damage any fence or wall inside or on the boundary of a park or reserve.”

The Act further states in 21 (2) that; the owner or occupier of such land, as the case may be, shall not without consent of the Commission – (a) sell or lease such land or permit any portion of such land to be occupied without first having given a prior option to the Commission to purchase, lease or otherwise occupy such land on the same terms;

Part (c) states that cause or allow any excavation or other material alteration of natural configuration of such land on the same terms.

The SNTC is said to have contested the mining or collection of the chert based on the above points.

The SNTC acknowledged that within the Malolotja Nature Reserve there are proclaimed and un-proclaimed farms which fall within the affected area.

The SNTC is said to have argued that if it were to get those un-proclaimed farms, which it has made attempts to acquire, the Nature Reserve could have the status of a Game Park.

The Minerals Committee chairman, Gwece Dlamini when asked what has stalled MLE Enterprises in mining, said the matter is still being discussed by the King’s committee.

“We have not finished it yet. Everything will be known once our discussions have come to an end. The technical experts and professionals are still doing the logistics,” he said.

SNTC chief executive officer, Sinaye Mamba said he couldn’t say anything to the media, because the matter is still being discussed.

“I was advised to say nothing on it until the King’s Committee looking into it has finalised the matter. I was not even at that Thursday meeting, because it was for the ministry responsible to discuss it with the relevant bodies,” he said.

When the AG, Phesheya Dlamini was consulted, he said he cannot deny nor confirm that he is still to meet with the relevant legal experts to act as per the committee’s ruling.

Friday, November 03, 2000 - SNCSC responsible, says Senator Bennett

LOBAMBA – Senator Walter Bennett was yesterday irked by the Swazi National Council Standing Committee, whom he held responsible for stalling the green chert project at Malolotja Nature Reserve.

He made these remarks after the acting minister of tourism and communications Roy Fanourakis said that the matter has been held up by the SNC, who have not made a resolution on the matter.

Senator Bennett, seconded by Senator Masal’ekhaya Simelane moved a motion without a notice asking the minister to brief the chamber on the green chert project which has been going on for more than two years.

A Chinese businessman, Michael Lee had applied to mine the green chert at Malolotja Nature Reserve, but to date this has not been processed by the department of geology and mines. At first it was said the department was still awaiting the environmental assessment report.

In his submissions yesterday, Sen. Bennett said the green chert project is a business venture and wondered what business the SNCSC had in this case. “What is the SNC doing with such matters because the delay frustrates business, and if investors are delayed, others might be discouraged,” he charged.

Sen. Masal’ekhaya Simelane, said he shared the same sentiments, but had a different point of view.

He said although he was also irked by the delay, he had a misconception about the proposed project because it might do more harm than good.

“It is important that the matter be concluded as soon as possible, but to me the project might only bring in enough royalties for a short while, yet the damage to the nature reserve which is of a long term economic base would be spoilt,” he said.

The matter was put to rest on request of the minister who said it was still with the SNC and had no further details on what was happening.

Wednesday, March 14, 2001 - SNC hasn’t given go-ahead for green chert mining

MBABANE – The Swazi National Council has not yet taken a decision on the issuing of a permit to mine green chert to a Chinese businessman, Michael Lee.

Lee was given a 10-year lease agreement to mine the precious stone at Malolotja, in 1997 and to date he has been kept waiting by the SNC which is still deliberating on the issue.

The Swaziland National Trust Commission (SNTC) objected to the mining of the green chert within a nature reserve, as this would be environmentally destructive.

Director of Geology, Survey and Mines, Aaron Vilakati, yesterday said that Lee and his legal advisors approached his department to raise their concern over the delay and to confirm his desire to mine the precious stone.

Vilakati said although Lee has fenced the area, he had not started mining because the SNC has not yet finalised the case.

“The SNC has not come out with a decision on the matter as yet. Only after they have done that, would he be in a position to start mining,” he said.

He said the decision has to be communicated to the department of geology, survey and mines, the chairman of the minerals’ committee, Gwece Dlamini and the mining company.

“Right now such an instrument has not been issued by the SNC, and this means no activities should take place,” he said.

Vilakati said that yesterday Lee and his advisors came to his department to indicate that he was still interested and was worried that the matter was taking long to be finalised.

The investor is claiming that if the matter is further delayed, it would cost him a lot of money as he has already expensive equipment waiting to start mining.

The SNC spokesperson, Sam Mkhombe was last night not available for comments.

2 April 1998 - Comment in the Swazi Observer

By contravening the law govt surrenders its moral authority

The circus over the green chert stone mining saga between government on one hand and the Swaziland National Trust Commission on the other would be laughable if it did not touch on sensitive issues. Here we are talking about environmental, social, economic and legislative issues, all serious issues. Yet the parties involved in the saga seem content on continuing a never-ending roller-coaster circus.

The recent developments over the controversy surrounding prospecting and mining green chert stone at the Malolotja Game Reserve is that the National Trust Commission has finally given in to government pressure. But that is purely academic, considering the constraints placed on the prospectors. For one, they would be allowed into the game reserve only as tourists, pay entry fees and not to engage in any activity or tread on restricted areas let alone remove anything from the reserve. That is hardly conducive to prospecting or conducting a scientific environmental impact assessment study.

Obviously what the National Trust Commission has done is to open one door and shut another to placate government. In the event the position has not changed one bit. For the restrictions are in line with the law which prohibits mining activities in nature reserves. But even assuming that the National Trust Commission had not dealt such a deft hand, the question arises if the government is knowingly trying to contravene the laws of this country. If that be the case what message is it sending to the populace; that anyone can transgress the laws of this country with reckless abandon if it suits them and nothing will happen to them.

That, of course, is a bad case of leadership by example. Government's insistence that the law protecting nature reserves be side-stepped in this instance raises the question of legislating in the first instance when it would be the first not to respect such statutes. If government was acting honourably we would have expected it to pilot an amendment of the law (Section 20 of the Swaziland National Trust Commission Act of 1973) in the legislature to pave the way for the extraction of the green chert stone at the Malolotja Nature Reserve. That would have entailed weighing the pros and cons of such a venture. Thus the environmental, economic and social issues would have been considered and adequately debated and addressed. It is still our belief that if all the interested parties had entered into constructive debate, they would have hammered out an equitable compromise so that everyone would have come out a winner. And this is the course we are still urging the parties to take for a speedy settlement of the dispute.

1 April 1998 - Swazi Observer

The turn of events follows a resolution which was taken at a meeting convened by the Prime Minister Dr Sibusiso Dlamini, which included the Mineral Committee, Mineral Negotiating Committee, Swaziland National Trust Commission and the Ministry for Tourism, Environment and Communications.

However, Senior Warden Richard Boycott yesterday said the Taiwanese Company which seeks to conduct an Environmental Impact Assessment Study in the reserve, will have to follow all rules that were laid down for visitors into the reserve.

He added that they would also not be allowed to take any samples, erect beacons or camps, without specific permission with a stipulated time frame.

The (SNTC) has strongly condemned as well as opposed plans to give mining rights to a Taiwanese company, Michael Lee Enterprise to exploit the lucrative Green Chert stone inside the game reserve. In its opposition, the (SNTC) has used Section 20 of the Swaziland National Trust Commission Act of 1973 which prohibits any mining, digging or excavation in the country's nature reserves.

A directive in letter form, from Minister for Tourism, Environment and Communications Musa Nkambule, dated March 26 (a copy of which is in the possession of The Swazi Observer ordered the Chief Executive Officer of the (SNTC), Sinaye Mamba to allow Michael Lee Enterprise to undertake the scientific study in the game reserve.

According to the letter from Nkambule, a resolution was taken by all joint committees into the matter last week, to allow the study to go on as requested by Michael Lee Enterprise. The directive from Nkambule was written in strong words, giving Mamba no ground to debate or question the issue :

"You must give access to Michael Lee Enterprise to enter the nature reserve to conduct the scientific study as agreed, following the above resolution at the Prime Minister's Office. "Such instruction should have been been carried out, at the latest, 9:00 a.m on Tuesday, March 31, 1998. I expect to receive information, in writing, on the implementation of this order on or before 9:00 a.m on Tuesday, March 31 in my office." The conclusion of the letter continued in its peremptory tone: "I wish you will appreciate the fact that such an instruction is not negotiable and has to be adhered to as stated." On Monday March 30, Mamba responded to Nkambule's letter. His letter, written on the SNTC letter heads was brief and to the point - only three lines. The Swazi Observer has a copy of this letter as well.

In it Mamba conceded to Nkambule's order and terms.

"As per the Honourable Minister's letter dated 26th March, 1998, directing the Commission to open Malolotja Nature Reserve to the Green Chert mining study, your instruction has been forwarded to the Director of Parks and Senior Warden - Malolotja Nature Reserve. Meanwhile, when contacted Senior Warden Boycott said the company would have to be issued with entry permits and pay the gate fee, each time they wished to enter the reserve. "They will not be allowed to take any samples or plants, animal or soil without the specific, written permission. They will have to tell us in good time when they will come and how many people they are bringing along and for what specific purpose. They will only come in for visual assessment, unless they have specific written permission. Like any visitor they will not be allowed to drive-off any of the recognised management and visitors' roads," he said.

Suggestions or comments. This page was last updated on 25 November 2001