Environmental groups unite to prevent township development

Date: 02 August 2024 By: Andries van Zyl

Interested and affected parties had until last Friday to submit their inputs or objections regarding the proposed township development at Mopane, just north of the Soutpansberg, as part of the southern site of the controversial Musina Makhado Special Economic Zone (MMSEZ).

Among those raising objections was All Rise Attorneys for Climate and Environmental Justice (All Rise), acting on behalf of several environmental groups, including the Vhembe Biosphere Reserve, Living Limpopo, the Herd Reserve, the Centre for Applied Legal Studies, and JL Du Preez & Sons CC (registered owners of the farms Goosen MS530 and Pretorius MS531).

The proposed township development was recently advertised in both the Zoutpansberger and Limpopo Mirror, with interested and affected parties given until 26 July to submit inputs or objections. The development plans include 500 apartments, 3,204 medium-sized erven, and 801 large-sized erven. Additionally, the development proposes six office buildings, five commercial buildings designated as shopping malls, a supermarket, a farmers' market, six conference centres (for worship, etc.), four schools, two gymnasiums, one hospital, one government office, one 5-star hotel, one 3-star hotel, and one “Smart Building.” The site for the proposed development is situated across the administrative border shared by the Musina and Makhado local municipalities and consists of eight farms, totalling 8,048 hectares. The farms affected include Farm Somme 611 MS, the remaining extent of Farm Lekkerlag 580 MS, a portion of Farm Groot Endaba 581 MS, and Portion 1 of Farm Joffre 584 MS.

In their objection, All Rise highlights that the application contains several flaws that need to be addressed before a decision can be made. These include matters relating to the municipal spatial development framework (SDF). The Vhembe District Municipality’s SDF was prepared using the Ecological Socio-Economic Relationship (ESER) framework. This framework operates on the principle that the relationship between economic efficiency, social justice, human well-being, and ecological integrity is not one of equal and overlapping spheres where losses in one area can be offset by gains in another. Instead, it directly links these principles to the spatial component.

The objection points out that, according to the MMSEZ environmental impact assessment (EIA) report of September 2021, the hills running east-west through the southern part of the proposed township (farms Joffre 584 MS and Lekkerlag 580 MS) are listed as critical biodiversity areas and should be avoided to prevent conflicts with other high-impact and incompatible land uses. The South African National Biodiversity Institute (SANBI) and the Vhembe District Bioregional Plan recommend that this land be maintained in natural or near-natural ecological conditions. Compatible uses include open-space and low-impact ecotourism and recreation. Most of Farm Somme 611 MS is classified as an ecological support area, which is designated around the tributaries of the Sand River. All these farms fall within the application area.

“These areas are crucial as their ecological infrastructure must be preserved in a natural state where only low-impact and strictly controlled activities are permitted. The proposed development would have a significant impact on the area,” states the objection, adding that the Vhembe District Bioregional Plan and spatial zoning plan of the Vhembe Biosphere Reserve identify that the southern part of the proposed township falls within a critical biodiversity area. “The application cannot be considered until the Vhembe SDF is amended to allow for this type of development,” says All Rise. They also note that the environmental authorisation (EA) issued to LEDET on 23 February 2022 specifically covers the clearance of 3,862 hectares of indigenous vegetation, infrastructure for bulk water transportation, and road development. “It does not authorise the activities that comprise the application…” they state.

Additionally, All Rise argue that the project’s need and desirability are lacking in at least three aspects: environmental harm, and water and energy shortages.

Regarding environmental harm, All Rise note that the application proposes development within the Vhembe Biosphere Reserve (VBR), which was officially included in the UNESCO World Network of Biosphere Reserves in 2009. This makes it the sixth South African biosphere reserve and the third in Limpopo Province. They argue that since the planned development falls within areas classified as critical biodiversity areas and ecological support areas, these areas require protection and intensive management to ensure that critical biodiversity is maintained and ecosystems are preserved.

The objection also highlights concerns about water and energy shortages. According to the Department of Water and Sanitation, the region already faces insufficient water supply, with current allocations fully utilised. The objectors’ specialist for the MMSEZ EIA process, Dr Munnik, confirmed that the Sand River catchment is already overused. A water-use licence application has been submitted and is in the public-participation phase. “It does not include the application project activities,” state All Rise.

Regarding energy, the objection notes that no confirmed provision of necessary power resources for the project exists. “A dedicated 3,300MW coal-fired power plant (to be built by PowerCorpChina) was originally planned to supply the zone’s electricity needs. However, following China’s 2021 pledge not to build any new coal-fired power projects abroad, Fossil Free South Africa received (somewhat oblique) confirmation from the Chinese Ambassador to South Africa that the power plant would not proceed. The MMSEZ SOC has since publicly announced that solar PV generation and renewables will replace the coal-fired power plant. However, the EA granted in February 2022 refers to the revised site layout, which includes the coal-fired power station. Furthermore, the specialist report on power-supply plans, which is part of the EIAR, states clearly that solar PV power generation is not viable and has been rejected as an option,” states the objection.

All Rise also reiterates that objectors have not been given the opportunity to view the application before submission. “Access to the application was restricted to a hard copy available at only two locations in the Musina and Makhado Local Municipalities. Requests for digital access to a copy were ignored. Without digital copies of all documents and information being made available for download from a publicly accessible website or shared drive, or being provided with a digital or hard copy, the objectors’ right to procedural fairness under PAJA and access to information as guaranteed by section 32 of the Constitution and the Promotion of Access to Information Act (PAIA) was compromised,” the objection states.

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Andries van Zyl

Andries joined the Zoutpansberger and Limpopo Mirror in April 1993 as a darkroom assistant. Within a couple of months he moved over to the production side of the newspaper and eventually doubled as a reporter. In 1995 he left the newspaper group and travelled overseas for a couple of months. In 1996, Andries rejoined the Zoutpansberger as a reporter. In August 2002, he was appointed as News Editor of the Zoutpansberger, a position he holds until today.

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