Xolobeni - The Right To Say No

Summary

The script narrates the struggle of a South African community against an Australian mining company's plans to exploit their coastal land. The community, led by the Amadiba Crisis Committee, fights for their right to say no to mining, which threatens their livelihood and environment. Despite government support for the project, the community seeks sustainable development through tourism and agriculture, emphasizing the importance of land for their future generations.

Takeaways

• 🌍 The community's deep connection to the land is threatened by a mining company's plans to exploit the area.
• 🚫 The locals have been resisting the mining project for over twenty years, prioritizing their traditional way of life over potential short-term economic gains.
• 🐏 Livestock and natural resources are central to the community's livelihood, and they fear the mining activities will disrupt these essential elements.
• 🗣️ The community has voiced their concerns about the mining project's potential to destroy their environment and way of life.
• 🤝 The Caruso brothers' promises of jobs, clinics, and infrastructure did not sway the community, who values their current lifestyle and environment.
• 🏛️ The community's decision-making takes place at Komkhulu, their traditional court, where they collectively reject the mining proposal.
• 🏞️ The community seeks sustainable development through tourism and agriculture, rather than environmentally damaging mining.
• 🏦 The community's struggle is against a backdrop of South African history, where mining has often come at the expense of black communities.
• 🏅 A significant legal victory was achieved when the courts recognized the community's right to consent and to say no to mining projects.
• 🛣️ The proposed highway, claimed to connect communities, is suspected to actually serve the mining company's interests, further dividing the community.
• ⚖️ Despite legal victories, the government's appeal and the mining company's persistence indicate a continued struggle for the community.

Q & A

What is the main conflict described in the transcript?

The main conflict is between a community in South Africa and an Australian minerals company that wants to mine in a beautiful coastal area, which the community relies on for their livelihood and well-being.

What promises did the minerals company make to the community?

The company promised to create jobs, build clinics, hospitals, and better roads, and provide clean water for the community.

Why did the community reject the company's promises?

The community rejected the promises because they were concerned about the potential negative impact on their livestock, water, and the plants they use for healing, fearing it would disturb their way of living.

What is the significance of Komkhulu in the community's struggle?

Komkhulu is a traditional court where the community discusses local issues and makes decisions regarding land. It represents the community's power and autonomy in decision-making.

How did the community attempt to address the mining issue?

The community formed the Amadiba Crisis Committee, reported the issue to the police and municipality, and eventually sought legal help to assert their right to consent to mining activities.

What was the outcome of the court case mentioned in the transcript?

The court recognized the community's residual right of consent for mining activities, affirming that power belongs to the people and not just traditional leaders or the government.

Why did the government appeal the court's decision?

The government appealed the decision because they wanted to grant mining rights to the Australian company, despite the community's opposition.

What was the community's reaction to the government's appeal?

The community was surprised and disappointed that their own government would appeal against them, questioning their right to decide what is best for their community.

What is the community's vision for development in their area?

The community prefers sustainable development, such as tourism and agriculture, rather than mining, which they believe would destroy their land and way of life.

How does the community view the proposed highway project?

The community sees the highway project as a means to support the mining company rather than connect their communities, and they worry it will split their community and lead to dependence on the state.

What is the community's stance on the mining company's presence and operations?

The community is determined to continue fighting against the mining company's operations, even if it means taking the fight to the Constitutional Court, as they believe the decision ultimately lies with them.

Outlines

00:00

🌍 Land, Livelihood, and Resistance

The paragraph introduces a conflict between a community's connection to their land and an Australian minerals company's desire to mine a beautiful coastal area. The community, represented by the Caruso brothers, has been fighting this for over twenty years. The company promises jobs and infrastructure but the locals, reliant on the land for their livestock and medicinal plants, fear the disruption of their way of life. They suspect the company of deceit, as they were taken to a mine site under the guise of a government study. The community's resistance is rooted in their dependence on the land for sustenance and their desire for a different form of development. The paragraph ends with the community's decision to seek legal help to protect their rights.

05:07

🏛️ Customary Land Tenure and Legal Struggles

This paragraph delves into the legal and governance aspects of land tenure in South Africa, contrasting customary and statutory systems. It highlights the community's role as the true holders of legal power under customary law, with lawyers serving to translate their expertise to the legal system. The narrative describes the community's struggle to be heard by authorities, their formation of the Amadiba Crisis Committee, and their fight for the right to consent to mining activities. The community successfully argues in court for their right to consent, challenging the historical precedence of mining over community rights. The paragraph concludes with the community celebrating a legal victory that affirms their power to decide on mining projects.

10:10

🚨 Government Opposition and Intimidation

The paragraph discusses the community's disillusionment with the government's support for the mining company, despite their legal victory. It details an incident where the Minister of Minerals plans to visit the community without prior notice, and the community's efforts to mobilize for the meeting. The narrative describes the intimidating presence of police and ambulances, suggesting a potential for violence. It recounts the tragic assassination of community leader Bazooka, who was vocal against the mining project, and the community's resolve to continue their struggle despite the threat. The paragraph also touches on the broader implications of mining on health, wages, and illicit financial flows, arguing for a just transition away from mining towards sustainable development.

15:12

🛤️ Highway Development and Community Division

This paragraph focuses on the government's push for a highway project that the community believes is designed to facilitate mining rather than to connect them. It describes the community's preference for tourism and agriculture as sustainable development options. The narrative contrasts the community's vision of development with the government's interests, which they perceive as self-serving. It also highlights the community's determination to protect their way of life and the land for future generations, despite the challenges and intimidation they face. The paragraph concludes with a powerful statement about the community's commitment to fight for their rights and their way of life, regardless of the outcome in court.

20:12

⛔️ Unwavering Rejection of Mining

The final paragraph is a firm declaration of the community's rejection of mining, regardless of any external pressures or court decisions. It encapsulates the community's resolve to protect their land and way of life, emphasizing that the decision ultimately lies with them. The paragraph reinforces the community's autonomy and their commitment to fight for their rights and the well-being of future generations.

Keywords

💡Land Rights

Land Rights refer to the legal and customary rights of individuals and communities to use, manage, and control the land they inhabit. In the context of the video, the community's struggle against the Australian minerals company's mining activities highlights the importance of land rights. The community's resistance is rooted in their deep connection to the land, which they rely on for their livelihood, food, and cultural practices. The script mentions how the community uses the land for grazing livestock and healing with local plants, emphasizing the intrinsic value of land rights to their way of life.

💡Mining

Mining is the extraction of valuable minerals or other geological materials from the earth, usually from an ore body, vein, or seam. The video discusses the community's opposition to mining activities proposed by an Australian company in their coastal area. The community fears that mining will disrupt their environment, affect their water and grazing lands, and alter their traditional way of life. The script illustrates this through the company's promises of jobs and infrastructure, which the community rejects in favor of preserving their land and lifestyle.

💡Environmental Impact

Environmental Impact refers to any change to the environment, typically caused by human activities, which can have negative effects on ecosystems, biodiversity, and human health. In the video, the community expresses concern about the potential environmental impacts of mining, such as pollution and the drying up of water sources. They emphasize the importance of maintaining a healthy environment for their livestock and for their own well-being, as they rely on the land for food and medicinal plants.

💡Sustainable Development

Sustainable Development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs. The video highlights the community's preference for sustainable development options like tourism and agriculture over mining. They argue that mining is not sustainable as it can cause irreversible damage to the environment and disrupt their way of life, while tourism and agriculture can provide long-term benefits without such negative consequences.

💡Community Consent

Community Consent is the process by which a community agrees or gives permission for a project or activity to take place within their area. The video emphasizes the community's right to give or withhold consent for mining activities. The community's decision-making power is central to their struggle, as they assert their right to decide what happens to their land and how development should occur, as illustrated by their formation of the Amadiba Crisis Committee and their efforts to report violations to the police and municipality.

💡Traditional Governance

Traditional Governance refers to the systems of governance based on customs, traditions, and cultural practices that have evolved within a community over time. In the video, the community's traditional governance system, including their 'Komkhulu' court, plays a crucial role in decision-making regarding land use and development. The script describes how decisions about land are made collectively at Komkhulu, reflecting the community's values and traditions, and how this system is constitutionally recognized and evolving.

💡Right to Say No

The 'Right to Say No' is the community's assertion of their legal and moral right to reject proposals that they believe will harm their environment, culture, or way of life. The video discusses how the community has fought for this right in the face of government and corporate pressure. The script highlights the community's legal battles to establish this right, which they see as fundamental to their autonomy and ability to protect their land and future.

💡Cultural Heritage

Cultural Heritage encompasses the practices, traditions, and beliefs transmitted from one generation to another within a community. The video underscores the importance of cultural heritage to the community, as they rely on their land for traditional practices such as grazing, healing, and maintaining their way of life. The script illustrates how the community's resistance to mining is rooted in their desire to preserve their cultural heritage and pass it on to future generations.

💡Land Tenure

Land Tenure refers to the various types of legal and customary arrangements by which individuals or communities have access to and control over land. The video discusses the dual land tenure systems in South Africa, customary and statutory, and how the community's land rights are rooted in customary tenure. The script explains how the community's connection to the land is constitutionally protected and how this tenure system is evolving to accommodate their needs and rights.

💡Legal Advocacy

Legal Advocacy is the act of arguing for or supporting a cause, especially through legal means. In the video, the community engages in legal advocacy to protect their land rights and way of life. The script details their efforts to take their case to court, arguing for their right to consent to mining activities and to have a say in the development of their land, which ultimately results in significant legal victories.

💡Economic Development

Economic Development refers to the process by which a community or region improves its economic well-being and quality of life. The video contrasts the community's vision of economic development, centered on tourism and agriculture, with the government's push for mining. The script highlights the community's argument that sustainable economic development should prioritize long-term benefits and not cause irreversible environmental and social harm.

Highlights

The deep connection between the community and the land, which is vital for their way of life.

Resistance against an Australian minerals company's plans to mine in a pristine coastal area.

The Caruso brothers' discovery of minerals and their promises of development, which were met with skepticism.

Locals' reliance on the land for livestock, healing, and their opposition to mining due to its disruptive potential.

The community's request to see the impacts of mining on nearby communities as a testament to its effects.

The revelation of the government's potential complicity in misleading the community about the mining project.

The community's realization of the environmental and health risks associated with mining.

The formation of the Amadiba Crisis Committee to address the mining conflict and unite the affected villages.

The community's legal fight for the 'right to say no' to mining, emphasizing their right to consent.

The significance of the court victory recognizing the community's right to decide on mining projects.

The government's appeal against the community's right to consent, highlighting ongoing tensions.

The community's experience of intimidation and the tragic murder of a community leader, Bazooka.

The community's push for sustainable development through tourism and agriculture instead of mining.

The government's insistence on building a highway to support the mining project, despite community objections.

The community's vision for development that respects their way of life and the environment.

The intergenerational responsibility felt by community members to protect the land for future generations.

The community's determination to continue their fight against mining, regardless of legal outcomes.

Transcripts

Us and the land, we are connected.

If you separate us from the land, you’re killing some part.

An Australian minerals company wants to exploit

a roughly 22 kilometre by 1.5 kilometre stretch

Of what honestly is some of the most beautiful coastal areas I have ever seen.

- For over twenty years you’ve been fighting this? - Yes.

The two brothers, Patrick and Mark Caruso –

they told us that they discovered the minerals.

He said, “I will mine a little bit in the dunes"

"I’m not going to disturb anybody"

"and also there would be a lot of jobs for locals"

"and I will build clinics, hospitals"

"better roads, clean water for this community"

People said no, we have livestock here.

Our livestock eats this grass and drinks this water that we have

And ourselves – we use these plants for healing ourselves.

We’re dependent on this.

Now, are you not going to disturb all this?

And people said no.

It’s clear that you’re going to disturb our way of living,

and this is not the way of development that we want,

Please leave, and he left.

We suspect that he went to the government.

They told them: “Don’t tell them the truth that you are going to mine”

“Tell them that this is a study, it’s coming from the government”

Because it was recently after [South Africa's] democracy

and everybody we trust the ANC (African National Congress).

Nobody was against something that is coming from the ANC, because ANC is Mandela.

There was a time where people were just saying that –

Is there any place where you can take us, Caruso

where we can see if the livestock is still surviving

the houses are still surviving, the water is still surviving?

Because those are basic things that we don’t want to be disturbed.

He did take some of our elders to go there.

He said that they were not allowed to go and meet the people that were closer to the mine.

“Don’t go to the community. You see? The houses are good.”

But the people said no, that’s not our intention

Our intention is to speak to the people – How did they survive next to this mine?

But instead they just took them to a very expensive shop

A clothing shop, to buy suits.

- They were just trying to buy them basically? - Yes.

We were waiting at Komkhulu for feedback from those people that went to Richards Bay.

When they came back, they tell us the truth.

They said that the grass is completely dry.

The water you know, the houses, everything is falling apart.

Yes, jobs is important,

but we cannot compromise our livelihood just for a short term.

As an ancient community, and a community of young people,

Our land is extremely important to us

because we depend on the land as our source of food.

If you take the land and give it to Gwede Mantashe, where would the cows graze?

My bank as a black person are my cows.

Where they want to mine is five villages.

This village of mine, Sigidi

is one of the villages where they are going to mine.

And then when we see this thing is becoming like this

we said no, it’s better to go to Komkhulu.

Can you tell me a little bit about Komkhulu? What’s the meaning of that place?

Komkhulu is a place where we discuss our local issues, it’s our traditional court.

All decisions [regarding land] are made at Komkhulu.

So Komkhulu is the power in land?

It is where decisions are made?

No, it’s the people.

In South Africa we have two types of land tenure governance systems,

we have customary land tenure systems and statutory.

Customary land tenure, although sometimes it tends to be the centre of patriarchy,

it’s also constitutionally enshrined,

And therefore the Constitution allows space for it to continuously evolve.

Something we often say is

under customary law, the community members are in fact truly the lawyers

And so it’s only our job to reflect and translate their expertise

to a court sitting two thousand kilometres away,

that can then make it legible for the legal system that we have.

- So it’s the community that’s the power and not the lawyer?

And it’s not the power that’s vested in the legal system, it is the community?

- Very much so, and we just have to give expression to their mandate.

While we discussing at Komkhulu we saw quite huge trucks

they were just below us at Komkhulu

and they were putting some long machines

and they were drilling, while we were talking.

- Seriously? While you were having a conversation?

- Yes, while we having conversation they were just there and drilling.

We said it’s better to have a committee where we’re going to connect all the five villages.

Here, it was very difficult to send a message

because the distance between the villages is too far apart.

Now, after we form the Amadiba Crisis Committee it was very easy –

Whatever is happening in any village, we are just going all of us there.

Our first role as Amadiba Crisis Committee that we were given at Komkhulu

that we need to go to the police station to report

because this is a violation of a human right.

We go to the police, we go to Mbizana Municipality,

but none of them they did even come to listen, just listen,

what is the problem, what is bothering these people

Not even one person from the police, from the municipality, from the ANC.

And then we just realised ok –

Everybody is not supporting us,

that means they are part and parcel of what is happening here.

And then we just think it’s better to involve the lawyers.

It was clear at Komkhulu that our aim to go to court:

We seek the right to say no.

We need to have a right to decide and to choose.

- 'The right to say no' as a legal principle,

was actually not enshrined, as such, in the South African Constitution,

What did you do to actually upgrade it to that point

where there was actually a legal ‘right to say no’?

- South African colonialism and apartheid drastically intensified

When diamonds were first discovered in Kimberley and then gold in the Witwatersrand.

That history of mining has been a history of

sweeping black people off their land

for white and multinational profit

That logic prevails, even under democratic South Africa.

Because of South Africa’s racist history, it provides that people who have insecure [land] tenure

should be given secure tenure through an Act of Parliament

and so it says you have a right to consent to any deprivation.

So we took that and said you have a right to consent.

And what’s always been assumed in South Africa because mining is its original sin,

is that mining trumps everything

So there was always this tacit assumption that

whatever consent might be, is overpowered by mining.

And we went and said that on the plain text of this statute,

together with the fact that our mining legislation doesn’t expressly override it,

there is a residual right of consent for communities.

And we put that to court with success.

So in the context of South Africa,

this is why the two judgments were such a significant victory for communities,

Because it actually clarified that power belongs to the people.

The dominant tendency was that traditional leaders

would take on the role of consulting with mining companies and government

to make investment decisions and mining decisions on behalf of the community.

What the court judgments did was to clarify that

traditional leaders cannot assume the role of communityship.

In fact, people who are directly affected by mining

should be the ones who make this decision.

All of us on that day, 22 November [2018], we were celebrating.

It was like a good thing

because we were just thinking ok the fight is over, we’ve won this in court.

But the Minister of Minerals says that he’s going to appeal the decision.

We never think that our own government can appeal against us,

that we have no right to decide what is good for us,

we have no right to choose the way we want to live.

We thought the role of our own government is to regulate,

to look at the processes, the mining company,

– if it follows properly;

Not to help the mining company to get the licence.

The government, in 2008, did grant the mining rights to the Australian company.

I was just called by a journalist from the radio called Umhlobo Wenene

says that the Minister is coming tomorrow to your community.

Nobody was telling us anything that the Minister's coming.

When I sent the message around

and horses were running and sending the message to say

Please tomorrow everybody must go to that meeting.

When we were at the meeting, we saw plus-minus forty buses.

And when you enter at the marquee, there was an attendance register –

All those people that had been bused in,

they were told to fill their names under our own villages.

And then our late chairperson, Bazooka,

was calling us aside and said

“Guys we have a problem here”.

I’ve never seen such police,

and I’m sure the police station on that day would have been closed.

They were bringing the ambulances, the van, all the material

and some other police were coming with helicopters.

It’s one of the scariest things when the police come with their own ambulance,

You’re like, okay they going to do something bad.

And the meeting is to announce the mining right – what is the purpose of ambulances?

- So, they planned that day to basically do you guys in? - Ja.

- That was the day they wanted to crush you.

- When the struggle was starting to become rough

we heard that there’s a hitlist.

And on the hitlist it was Bazooka, myself, Mzamo

and Bazooka had started getting worried

and he said, “Please, Nonhle, take this seriously”.

I think it was like twenty-to-eight

when I was sitting and then his brother, he called me.

He said “Bazooka has been shot”

[Bazooka’s] son said that there were two people,

they were calling themselves police.

They said they are looking for his father,

they said they want to take him to police station.

He said, "I hid myself because I don’t know what to do"

"It’s only me and my father"

"They shot him many times" and he said –

"I heard one last word from my father when he was on the ground"

“He said 'call Nonhle.'"

We were just telling ourselves

What’re we going to do now? Bazooka is dead.

And we know that Bazooka was protecting us a lot from this struggle.

Can we cry?

And we said no, it’s not going to help us at all

and Bazooka told us that "Guys, here we are working like soldiers"

"If one of our soldiers fell, let’s not look back"

“Let’s look forward.”

From an environmental perspective,

communities have realised the environmental impacts of mining –

Pollution, sicknesses such as silicosis;

from a health perspective it’s not beneficial to the community.

The lack of mining actually affords South Africa

the opportunity to move into a just transition.

- Are you aware of the Marikana massacre? - I know there was a massacre, a mining company...

- Exactly. So one of the roots of that massacre

was paying an appropriate wage to the workers.

What illicit financial flows does is it takes away money

that’s supposed to be spent on healthcare, education

Paid to the state to fund social and economic state functions.

Not only does it take away that money,

it also takes away from wages.

So now you have people dying in South Africa

because a company will say “I don’t afford (a ± €800 salary)”

But actually you’re taking money from South Africa,

secretly out into tax havens.

So essentially we’re bleeding out money

and therefore it’s just not worth actually having mining here.

We can’t just say this is good for the country for just twenty-two years,

And then after twenty-two years you’ve left this area a havoc.

You can’t reverse the damage that you’re going to cause here,

and you’re going to cause dependence syndrome to our own people.

Right now, people are dependent for themselves.

Once the community is dependent to the state for survival, it’s problematic.

So what’s what’s the situation now?

Does the company have mining rights or not?, what is the deal?

Now, the situation is very frustrating

because the government, they don’t want to accept the defeat.

- (Roadworks Contractor) Local communities fight them. - Yeah.

- See, this was the very last community

who hasn’t signed for the N2 [highway] yet. Am I right?

- Yes.

If they are connecting the whole community,

why build the road at the end of the Earth?

Who is connected?

If you look at the documents of the mining company,

they put in the report that the N2 [highway]

is going to support their own project.

It’s the same WhatsApp group, it’s the same group of people

that are pushing these two projects.

The purpose of building the highway here

has nothing to do to connecting our communities.

It’s about helping the mining company

Because there is no way here you can mine

without a proper road.

We are not anti-development.

We want our community to be accessible, but not with the highway.

The highway is going to split our community into two parts,

and it’s going to be fenced.

We believe, as the citizens of South Africa,

that we have a right to ask our government to bring us development.

The kind of development we need is tourism and agriculture.

We need sustainable development.

We know exactly here what we need, as Amadiba people.

But now they always bring those developments

because the government, they have their own interests.

We had one day when we were hiking up a gorge

and then we saw, separated by the river

two types of social order.

On the Xolobeni community’s side,

you had a sort of beautifully open patchwork

of homesteads, of fields

of livestock, of grazing.

It was a totally functioning community

of folks who lived confidently and happily.

It's not, I think, an accident

that there is a total resonance and a rhyme between

'The Right To Say No' and 'No Means No'.

What has happened is that there is a massive pushback

against men's ability to just access and control other bodies.

These tourist camps are what we prefer.

This is the way we have been living

and how we would like to continue living.

It’s the type of development that does not destroy the land.

Now, people are worried about me.

Especially my grandmother

she’s always begging me "Please just let it go"

"Because I know you are stubborn like your grandfather"

"Your grandfather was part of the Mpondo revolt."

He said that "I didn’t want to surrender"

"because I know the reason I’m fighting – I’m not fighting for myself."

"I’ve done my part and it’s your part now.”

Make sure that when you take a decision,

this decision is not going to affect the next generation

Because when you’re dead and then your children they said,

“We are in this crisis because of our parents”

– what kind of ancestor are you?

You can take money but the money is going to finish

but the land will never finish.

It’s your legacy of your children, and the children, and their children.

No matter what the court says, it’s not going to change our minds.

This is our lives. This is us.

The courts cannot decide about our lives and how can we live our life.

We’ll fight this battle all the way to the Constitutional Court

and even if it’s not in favour of us

it’s not the end of the world

We’ll continue to fight on the ground.

We are not going to change our mind.

Because the decision is ultimately yours.

The decision is 'Us'

We’ve already taken a decision

No, it’s a no.