Centre for Environmental Rights – Advancing Environmental Rights in South Africa
On Friday, 31 January , the Naphuno Regional Court in Limpopo sentenced Matome Maponya, the managing director of a clay mining company based in Tzaneen, to five years in prison for causing damage to the environment. Mr Maponya&#;s sentence was suspended for 5 years, on condition that the damage done by the mining operations be rehabilitated within 3 months.
The Centre for Environmental Rights believes this to be the first case where a sentence of direct imprisonment has been imposed on the director of a licensed mining company for mining-related environmental offences, without the option of a fine.
Blue Platinum Ventures 16 Pty Ltd has been mining clay outside the village of Tlhabine in Limpopo since , causing widespread environmental degradation through its activities. Blue Platinum has undertaken none of the rehabilitation measures required by mining and environmental laws. The cost of rehabilitating the damage caused has been estimated at approximately R million.
The Batlhabine community, plagued by the environmental degradation caused by Blue Platinum’s mining operations, spent sever
Matome Maponya
Matome Maponya was born on May 14 in the Thabakgone village of Lephapane in the district of Tzaneen, where his parents eked out an existence on their small rural homestead. At school, where one of his classmates was the future Gauteng premier Dr Mathole Motshekga - he showed an early flair for business. Although extraordinarily bright academically, and particularly good at maths, Maponya was less interested in lessons than in pursuing his various entrepreneurial activities. By the age of 13 he was doing a roaring trade, buying and selling sweets and useful knick-knacks, such as combs, to his fellow pupils. As much of his trade happened during class time, he did not endear himself to his teachers but he made enough money to buy himself a camera. Soon children were lining up to have their pictures taken in exchange for a small payment.
Maponya's camera served another purpose. He used it to talk his way into the girls' hostel, which was strictly out of bounds to his envious fellow male pupils.
When he left school, he began studying law by correspondence through Unisa. At the same time, he worked as a bus conductor and a clerk, first at the Atok Platinum Mines in
Court imposes prison sentence on a director of a company that has caused environmental harm
For the first time in South African history, a court has imposed a prison sentence on a director of a company for causing environmental degradation. This is according to Terry Winstanley, Director and National Head of the Environmental Practice at Cliffe Dekker Hofmeyr.
Winstanley notes that Matome Maponya, the managing director of a clay mining company, Blue Platinum Ventures, was sentenced to five years imprisonment, suspended for three months, for widespread environmental damage associated with clay mining operations, on condition that the damage (estimated to cost R million to remediate) be rehabilitated within three months. He was not given the option of a fine.
“Since South African environmental legislation has provided for personal liability of directors for environmental harm. Although some directors have been charged and several have been found guilty and paid fines in their personal capacities, to date the power to imprison a director has never been exercised,” Winstanley says.
“This sentence will require Mr Maponya to ensur
Kholofelo Sekepe Maponya bears the name of two legendary men; a status he chooses to maintain and perpetuate. His father and uncle have an unmatched legacy in South African retail, owing to their passion for developing those who share their origins and struggles.
His father, Mr. Matome Maponya, became one of the most prominent businesspeople in the region of Limpopo after coming from an underprivileged background. Making the list in his business empire is the biggest Toyota dealership in the province, a Caltex garage, an abattoir, butcheries, liquor outlets, a hotel, and farms.
Mr. Matome Maponya also founded the National African Farmers Union (NAFU). His uncle, Dr. Richard Maponya, also achieved notable success after moving to Johannesburg at an early age. He transformed a milk delivery service into a trading conglomerate that included several general stores, car dealerships, filling stations, and property.
Given the shoulders on which he stood, Maponya developed a keen eye for entrepreneurship.
Through grit, integrity, and the ability to identify lucrative opportunities, Maponya has gone on to carve out related and purposeful success.
Kholofelo Sekepe Maponya and His Bus
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