Fikile Ntshangase – Another Environmental Activist Violently Silenced
by: Tsepang Molefe and Robby Mokgalaka
09 November 2020 – We pen this reflection with a hollowness deep inside out beings. Some of the groundWorkers met MaFikile, other only heard her stories, but as we write this sadness overwhelms us.
I still remember my first encounter with Fikile Ntshangase, it was two years back at a gathering in Somkhele where Minister Gwede Mantashe as part of his mining roadshow visited the area and also made an unwelcomed attempt to avoid engaging directly with the community. Inside a fully packed marquee the heat was oppressive and the community’s years of frustration and anger seemed to have reached a boiling point at that moment in time. But what drew the media attention was Ntshangase and the two water bottles in her arms. “These samples are from my water tank at home, look”. She said. At close inspection, visible to the naked eye, the water had tiny coal dust particles. Ntshangase was not only speaking from a lived experience but she had brought the evidence for all to see. Here was a representation of everyday life struggle that was true and real. For her this was environmental and climate injustice, an experience now because of a coal company. Not an experience in the future.
On Thursday 22nd of October, Ntshangase was brutally assassinated by unknown men at her home in the village of Phondweni, in Somkhele the north of KwaZulu-Natal. She was gunned down in the presence of her grandchild. She was a former teacher and the vice-chair of MCEJO (Mfolozi Community Environmental Justice Organisation) a community organisation that is resisting the expansion of the Tendele Coal mine. A few days before the attack she had complained to some of her fellow activists of her dogs barking constantly at night.
On Friday 23rd, various civil society organisations issued a joint statement on the incident, and by that evening it had made headline news. On Tuesday, the 27th October groundWork, Friends of the Earth South Africa addressed a letter to President Cyril Ramaphosa and Police Minister Bheki Cele requesting for a “ speedy and urgent investigation to arrest and put on trial those responsible for the murder of Mama Fikile Ntshangase”. As I write this more than a week later, groundWork has yet to receive an acknowledgement of the correspondence. Eventually we had to hand-deliver the correspondence to the KwaZulu Natal Provincial Commissioner, on Tuesday, 3rd November.
The murder of MaFikile was foretold. In August 2018, the South African Human Rights Commission released a scathing report, titled “National Hearing on the Underlying Socio-economic Challenges of Mining-affected Communities in South Africa, stating that the government is responsible for the harm done to mining-affected communities because of its “failure to monitor compliance, poor enforcement, and a severe lack of coordination’. This report also focused on the Somkhele area.
This was followed by another report in 2019 by the Human Rights Watch, the Centre for Environmental Rights, Earthjustice, and groundWork published calling on all National Government Agencies, including the Office of the President to “ensure that law enforcement authorities impartially, promptly, and thoroughly investigate any allegations or incidents of attacks, threats and harassment against community rights defenders and the wider community, for exercise of their rights to freedom of expression, assembly and protest, and adopt a plan that would address the failure to adequately investigate such cases”. . Sadly we reflect and come to the painful realisation that the country was warned, and yet we allowed the death of MaFikile to be the inevitable outcome.
When the Tendele coal mine arrived in Somkhele in 2007, the community believed that their lives were going to change for better, little did they know about the truth on how mines treat communities. When families were relocated to make way for the mine, small and poor quality houses were built for them with small yards, making it difficult for them to do small scale farming a very important source of livelihood. The situation drove them to desperate poverty. Lack of water, which most of it was used by the mine to wash coal, compounded their desperation. But it didn’t end there, graves were relocated by the mine with insufficient compensations made to the families. It became even more heartbreaking when some graves were not marked, which made it hard for families to identify where their loved ones had been laid to rest. As such, this made it difficult for families to perform their rituals to their ancestors, according to their beliefs, this would affect their lives as their future relied on their connections with their ancestors.
Around 2013, the Somkhele community started protesting against the mine and the local traditional leadership about their problems related to the mine. In 2016, the same year Bazooka Rhadebe was assassinated, one of the Somkhele activists’ car was burnt down when he protested against the mine.The mine also employed a counter-strategy by making half payment to the families who had signed and agreed to be relocated and promised to pay them the balance soon as the other resisting families agree. This was a mechanism designed to divide the people, incite and perpetuate violence in the community. After this move by the mine, people who challenged the mine started receiving threats and intimidations through phone calls and SMSes. In April this year, one activist was held at gunpoint in his house in front of his family. In the same month, another family who refused to sign the relocation agreement was riddled with about nineteen (19) bullets at night, fortunately no one died.
The situation in Somkhele needs to be closely monitored and observed as it seems to be increasingly volatile. Activists have previously complained about threats and violence they face to suppress or silence them. At her memorial service in Somkhele, she was remembered as an active educator and a firm and fierce environmental activist who stood by her people and their rights until her last breath.
It has now become even more clear that mining in communities like Somkhele does not only bring with it water supply shortages, water and air pollution, land and soil destruction but also violence, death, and abuse.
Just like Ken Saro-Wiwa and his friends died at the hands of Sonny Abacha and Shell in the Niger Delta, ‘Bazooka’ Radebe who was killed in Xolebeni, in the Eastern Cape, and Berta Caceres of Honduras lost her life in defence of her family and nighbourhood, Ntshangase’s life will serve to reinforce community resistance and inspire other communities around the country too.
MaFikile today is with the ancestors, not only from this area, but with the many who have died because they have tried to defend their land, livelihoods and their environments. Global Witness, an organisation which monitors Human Rights, Land and Environmental defenders globally, gives us the sad hard evidence that MaFikile was not alone. In July they released their Annual Report, which stated that in 2019, 212 people were murdered globally for peacefully defending their homes and standing up to the destruction of nature. This is four people every week.
The question that was asked as the memorial, “why are pro-mining advocates never murdered” is what needs to be answered by the State and the people.
Tsepang Molefe is the Media, Information, and Publications Manager, and Robby Mokgalaka is the Coal Campaign Manager at groundWork, Friends of the Earth SA.
This opinion piece appeared in The Mercury, Cape Times, and Pretoria News.
Statement and expression of condolence by groundWork,* Friends of the Earth South Africa Director, Bobby Peek, at the memorial service of MaFikile Ntshagase at Somkhele, KwaZulu- Natal, South Africa on 29 October 2020
A few words from groundWork
We thank the family and organisers for allowing groundWork the space to say a few words.
We have worked with MaFikile Ntshangase over the last years and supported MCEJO and the community as they sought to challenge the Somkhele mine and other proposed mines in the area. Just last year MaFikile spent time with us and other community activist in Mpumalanga, trying to better understand the impacts of coal mining on society.
Our sincere condolences and solidarity with the Ntshangase family. With the people of this beautiful land, with the friends in MCEJO.
I also bring condolences from Friends of the Earth International, the largest grassroots led environmental Federation in the world “who want to assure you that Friends of the Earth federation strongly condemns the killing of Mama Ntshangase and we will support you to demand justice so that impunity will not prevail. We take Mama Ntshangase’s struggle as an inspiration and will not forget her commitment and work for her community.”
MaFikile Ntshangase paid with her life because she wanted to participate freely in an Open Democracy which was promised us in 1995, when Tata Madiba became our first democratically elected President. But clearly years later people do not want this. They want to sow fear so that we will not question undemocratic practice by the State and corporations.
MaFikile today is with the ancestors, not only from this area, but with the many who have died because they have tried to defend their land, livelihoods and their environments. Global Witness, an organisation which monitors Human Rights, Land and Environmental defenders globally, gives us the sad hard evidence that MaFikile was not alone. In July they released their Annual Report, which stated that in 2019, 212 people were murdered globally for peacefully defending their homes and standing up to the destruction of nature. This is four people every week.
Mining was the deadliest sector globally with 50 defenders killed in 2019.
But closer to home, this is not a surprise as groundWork, MCEJO, the Centre for Environmental Rights, Earthlife, the South Durban Community Environmental Alliance, Womin, MACUA, MEJCON, the Global Environmental Trust and very many other people’s organisations warned of this violence. In March 2016, groundWork shared the pain and anger of the Radebe family and community of Xolobeni in the Eastern Cape. Today we share the same pain and anger with you.
We note that the violence and murder extend beyond this area. In 2017 six people were murdered in Empembeni, near Richards Bay, allegedly linked to an oil development. Also in Richards Bay, violence has erupted between community people over mining which resulted in the death of Meshach Mbuyazi. It is clear that when mines and oil come to communities, death visits the community as well. This is why groundWork’s position is ‘No to Mining’, not here or on any other peoples’ land.
We have been warned. The pain was foretold. Human Rights Watch and our very own South African Human Rights Commission raised concerns about the mining activities in the area and the impact on people lands and safety in 2018 and 2019.
Just a few weeks from now, On 10th November we celebrate the 25th anniversary of Ken Saro-Wiwa and 8 of his community friends who was murdered by the Nigerian State for his resistance to Shell’s activities in Ogoniland, in the Niger Delta. Tata Mandela criticised the Nigeria state and the Dictator Abacha. We need to ensure that MaFikile is always remembered with Ken and his friends. We must be vocal and we must challenge our state to act and swiftly investigate the murder and other violent threats in the Somkhele area, to prevent further loss of life.
Finally, I bring condolences from community people, friends and organisations from across the world. From Sweden, the US, El Salvador, The Philippines, Mozambique, India, Australia, Ghana, Kenya, Uruguay, Togo and many more. Too many to mention.
May her soul rest in peace with all the ancestors.
*Part of other families:
www.foei.org (Friends of the Earth International)
www.no-burn.org (GAIA)
www.lifeaftercoal.org.za (Life After Coal/Impilo Ngaphandle Kwamalahle)
www.no-harm.org (Health Care Without Harm)
groundWork calls for a speedy and urgent investigation to arrest and put on trial those who are responsible for the murder of Mama Fikile Ntshangase
28 October 2020 – groundWork has today sent a letter to the President of the Republic and the Minister of Police calling for a speedy and urgent investigation to arrest and put on trial those who are responsible for the murder of Mama Fikile Ntshangase on 22 October.
In the letter groundWork points out that:
“It is critical that the Minister is seen to be acting for the safety and in the interest of the community, as people currently are living in fear. In April 2019, a coalition of NGOs, including groundWork, working with Human Rights Watch, released a report on the Environment of Fear in South Africa’s Mining-Affected Communities, calling on all National Government Agencies, including the Office of the President, to “ensure that law enforcement authorities impartially, promptly, and thoroughly investigate any allegations or incidents of attacks, threats and harassment against community rights defenders and the wider community, for exercise of their rights to freedom of expression, assembly and protest, and adopt a plan that would address the failure to adequately investigate such cases”.
Just prior to this report, in August 2018, the South African Human Rights Commission released a scathing report, titled “National Hearing on the Underlying Socio-economic Challenges of Mining-affected Communities in South Africa, stating that the government is responsible for the harm done to mining-affected communities because of its “failure to monitor compliance, poor enforcement, and a severe lack of coordination’. This report also focused on the Somkhele area.”
Murder of Somkhele Environmental Activist Fikile Ntshangase
Murdered activist, Mama Fikile Ntshangase
23 October 2020 – “I refused to sign. I cannot sell out my people. And if need be, I will die for my people.” Tragically, grandmother Fikile Ntshangase’s words became a reality when she was gunned down in her home at Ophondweni, near Mtubatuba, on the evening of 22 October 2020.
Mama Nsthangashe was the Vice-Chairperson of a sub-committee of the Mfolozi Community Environmental Justice Organisation (“MCEJO”). MCEJO has been challenging the further expansion of a large coal mine at Somkele in KwaZulu-Natal by Tendele Coal Mining (Pty) Ltd. One of the court cases brought by MCEJO is scheduled for hearing in the Supreme Court of Appeal on 3 November 2020.
On Thursday, 22 October 2020 at about 18:30, four gunmen arrived at Mam Ntshangase’s house, where she lives with her 11-year old grandson. Current reports say that they forced themselves into the home and shot her 5 times, and that she died on the scene.
Tendele’s coal mining operations have caused untold destruction of the environment and the homes and livelihoods of the residents of Somkhele. (Photographs and video footage available.)
Over the past few months, tension has been rising in the community over the proposed expansion of Tendele’s operations, and MCEJO’s opposition to that expansion.
Recently, Tendele was pushing for an agreement to be signed between MCEJO and Tendele to the effect that MCEJO would withdraw its Court challenges of Tendele’s expansion of its coal mine at Somkhele. Mama Ntshangase refused to sign the “agreement”, which certain of her fellow sub-committee members signed, purportedly doing so on behalf of MJECO.
She warned sub-committee members that they had no power to make decisions on behalf of MCEJO and that the “agreement” only benefited Tendele. She also refused to attend any of the secret meetings that other sub-committee members held with Tendele. Days before her brutal killing, Mama Ntshangase stated her intention to write an affidavit, revealing that sub-committee members had spoken to her of a payment of R350,000 in return for her signature.
The court challenge that placed a price on Mama Ntshangase’s life is MCEJO’s pending review application of Tendele’s new mining right in respect of a 222km2 area in Mpukunyoni, KZN. This review is due to be heard by the North Gauteng High Court in March 2021.
Tendele has publicly characterised MCEJO’s legal challenge as a threat to the mine’s continued existence, stating that, with the current mining area depleted, it needed to expand its mining area, or face closure.
The expansion requires relocation of 21 families (19 of them MCEJO members) from their ancestral land. Many of these families have lived on their land for generations.
Tendele cannot commence any operations in the new mining right area until these families agree to Tendele’s “compensation” offer and sign relocation agreements. These families were subjected to months of violence and intimidation. Despite the clear volatility of the situation, Tendele has accused these families of “holding the Mine, its … employees and many families who have signed [relocation] agreements and indeed the entire community to ransom”. Tendele carried out its pressure campaign even while these families were receiving anonymous death-threats and gunmen opened fire on one of the families’ homes.
In May 2020, Tendele tried to bring an urgent court application to force the families to accept their compensation offer, but abruptly removed the matter from the Court roll when the families opposed the application.
Tendele has now embarked upon a campaign to pit the State, the Ingonyama Trust Board, traditional leaders and fellow community members against these families to pressure them into signing relocation agreements. Tendele requested the MEC for Transport, Community Safety & Liaison KZN, Minister Ntuli and department officials to set up a “task team”, with the aim of “the two court cases opened by MCEJO against the mine remain a threat and needs [sic] to be withdrawn”. This Task Team has since described their role to include “deliberat[ing] on the court cases which pose a threat”.
It is against this backdrop that the pro-mining campaign was stepped up during the past week. On 15 October, two sub-committee members, accompanied by two known hitmen, tried to disrupt a MCEJO executive committee meeting with community leaders, which included Mama Ntshangase. One sub-committee member tried to lock the doors, and a prominent leader was assaulted. A criminal case is being opened. This leader, who works in another area, has been warned that his life will be in danger if he is seen in the vicinity.
Billy Mnqondo, a founding member of MCEJO, reports that one of the hitman kept saying “kuzochitheka igazi” (there will be bloodshed). His appeal to the police is: “Make sure that the criminals who murdered our comrade are caught and go to jail. Mam Ntshangase was killed for standing up for what is right. This is wrong and cannot go unpunished.”
It appears that the mine is being supported by the KwaZulu-Natal government. In July, the Department of Community Safety and Liaison sent a staff member, apparently from its Civilian Secretariat arm (which is conspicuous in its absence whenever the threat of violence looms), to persuade community members to negotiate with the mine.
Since then, after MCEJO members thought it only proper to approach the office of the Ingonyama King Goodwill Zwelithini about their struggle, they have come under even further government pressure via the office of the Premier and COGTA. This is the self-same government that claims to be a custodian for land reform to redress the land imbalance – while wilfully pushing to displace rural farmers from their family land from which they subsist.
For the State and Traditional Authorities actively to assist Tendele in its efforts to orchestrate a withdrawal of MCEJO’s review application is abhorrent to our Constitutional order. Without access to Court, local communities’ right to dignity and section 24 environmental rights are illusory.
The strategies used by Tendele are sadly typical of many companies operating in impoverished rural communities. Mines dangle incentives to impoverished community members with the inevitable consequences of stirring deep community divisions, which almost always lead to violence and deaths. In rural areas that are difficult to police, it takes someone with the determination and the courage of Mama Ntshangase to promote community solidarity and resistance in the face of these strategies. There are other leaders of this calibre in MCEJO and, if anything, the assassination of Mama Ntshangase has renewed their determination to step up the fight against exploitation by the mine.
We mourn the senseless tragedy of Mama Ntshangase’s murder, and condemn her killing.
We call on the South African Police Service to act swiftly to arrest and prosecute her murderers.
We call on Tendele to stop its campaign of dividing and fomenting violence in the affected community of Somkhele, and to provide funds for Mam Ntshangase’s funeral and for maintenance for her orphaned grandson.
We stand by all defenders of land and environmental rights, and will act to defend their Constitutional rights to life, dignity, free speech, access to justice, access to food and water, and an environment not harmful to health or wellbeing.
MCEJO (Mfolozi Community Environmental Justice Organisation)
GET (Global Environmental Trust) https://globalenvironmentaltrust.org/
MACUA (Mining Affected Communities United in Action) https://macua.org.za/
WAMUA (Women Against Mining United in Action) https://macua.org.za/
CER (Centre for Environmental Rights) https://cer.org.za/
Earthlife Africa https://earthlife.org.za/
groundWork https://www.groundwork.org.za/
SAHRDN (Southern Africa Human Rights Defenders Network)
https://africandefenders.org/members/southern-africa/
Contacts:
Tsepang Molefe; +27 74 405 1257;
Lerato Balendran; +27 79 071 744 ;
Sifiso Dladla; +27 78 849 8621;
Robby Mokgalaka; +27 73 774 3362;