Lazarus Mosala stopped the expansion of one of the world’s biggest opencast mines for years by refusing to leave the land where his animals graze. In the process, he extracted concessions worth more than R8.6m from Sishen Iron Ore.

But a TimesLIVE report says he over-played his hand when he made a last-minute demand for R1.5m in cash and monthly royalties on the Northern Cape mine’s output. Sishen took him to court, and last week the Northern Cape High Court (Kimberley) gave him 14 days to vacate land that is destined to become a massive mine dump.

Even so, the mine has agreed to repair the gravel road to his new farm and build him a shed for his animal feed.

Northern Cape Judge President Pule Tlaletsi, who granted Sishen’s eviction application, said Mosala’s relocation would not make him homeless.

‘In fact, he will be moved to a place which is better than that he currently occupies and which accommodated his preferences,’ he said.

‘Failure to grant the relief sought by Sishen would cause more harm than good to the company, its employees, the community, the economy of the province and the country at large: just for one person.’

The land Mosala has been forced to relinquish was part of the property Sishen bought from Doornvlei Community Property Association in 2005.

‘All other members of the community who resided on the property, due to their membership and as beneficiaries of the association, have vacated the property and reside at a property provided by Sishen,’ said Tlaletsi.

In 2018, Mosala signed a settlement agreement which said Sishen would provide him with alternative land and buildings, and access to water, sanitation and electricity.

It agreed to move him, his family and their belongings and livestock.

The company built a house for his family of four, installed solar power and water purification systems, agreed to replace the batteries every three to five years, and offered a R15,000 curtain allowance and a R50,000 inconvenience payment, notes the TimesLIVE report.

‘According to Sishen, it has to date spent an amount of R8 625 934.77 to provide for Mosala in compliance with the parties’ agreements,’ said Tlaletsi.

The judge added: ‘Without doubt, everyone is at the risk of suffering just for one man who wants to prolong his stay with a view to extracting more personal financial benefits from Sishen. He knew from the time that the settlement negotiations took place and when other members of the association relocated that he would also be required to relocate. The inordinate delays have been caused by his reluctance or refusal to co-operate.’

Ordering Mosala’s eviction within 14 days, Tlaletsi praised Sishen for deciding not to seek legal costs from the farmer.

Full TimesLIVE report

Judgment