THREE government ministers have been subpoenaed to appear before the South African Human Rights Commission to account for allegations of human rights violations in the proposed multi-billion rand mining development in Xolobeni near Mbizana.

Minerals and Energy Affairs Minister Buyelwa Sonjica, Environmental Affairs and Tourism Minister Marthinus van Schalkwyk and Agriculture and Land Affairs Minister Lulama Xingwana have been subpoenaed to appear before the Commission on April 22.

HRC Chief Executive Officer advocate Tseliso Thipanyane yesterday warned that if they failed to appear, the three Ministers could face criminal charges for violating the Commission’s Act.

Thipanyane said it was becoming a tendency for government bodies to ignore letters from the Commission.

“I do not know whether they know that failure to appear before the Commission without good reason is a criminal offence. If they ignore the subpoenas, criminal charges will be brought against them for violating the Commission’s Act,” said Thipanyane.

“We wrote letters to the departments in February, but they were ignored, hence the decision to subpoena them. We want the ministers to explain their decisions and if there is violation of human rights.”

Australia’s Mineral Commodities, its South African subsidiary Transworld Energy and Mineral Resources, and BEE partner Xolobeni Empowerment Company have applied to mine dunes at Xolobeni, south of Port Edward.

Exploratory drilling has reportedly revealed that Xolobeni has the world’s 10th largest titanium deposits, worth about R11 billion.

The application has outraged environmental groups and some members of the community, particularly the Amadiba Crisis Committee, which is opposed to mining.

It is this committee that wrote to the Human Rights Commission alleging that requirements for consultation with all the interested and affected parties had not been complied with.

“The mining company allegedly went ahead with its plan to engage in mining development, despite the possibility existing that mining might thwart the resuscitated Ecotourism project,” Thipanyane said.

He said the Commission wanted the Ministers to furnish it with details of the level and extent to which consultation had taken place, including details of all interested and affected parties.

Late yesterday Minerals and Energy spokesperson Bheki Khumalo said the state attorney was engaging with HRC on the issue.

“We are co-operating with the Commission and we take it very seriously. It has said that it won’t be necessary for the Minister to attend. Our attorneys will appear,” said Khumalo.

Environmental Affairs spokesperson Riaan Aucamp said the main respondent was the Minerals and Energy department. “But we will have someone that is going to attend, but this does not really involve us,” said Aucamp. - By THANDUXOLO JIKA