Mediation between the Bench Marks Foundation and Anglo Platinum

Executive Summary

On April 8, 2010, the Bench Marks Foundation (BMF) and Anglo Platinum (AP) signed an MoU to cooperate in a project to empower the relocated households in the Community of Magobading (Limpopo). The project idea was developed in the context of the Roundtable on the Sustainable Production and Use of Platinum Group Metals (RT-PGM).

Since then a number of difficulties prevented the project partners to implement the MoU. Notably there were disagreements on the fair representation of the relocated Community. The trust level between AP and BMF/the Community appeared too low for continuing the implementation of the MoU as originally planned. BMF and AP asked Wouter Pronk and Reinier de Man (RT-PGM) to come to South Africa to mediate between the parties and to find a path to get the project back on track again. The mediation took place in Johannesburg from August 11 to August 17, 2010 and included discussions with AP, BMF and Community members separately, one meeting with AP and BMF and a final mediation meeting with all parties present, including Community representatives.

The mediators concluded that both AP and BMF were still motivated to implement the project as formulated in the MoU but that the first need was to build up trust to the level required for effective cooperation. The parties agreed to exchange information on two concrete issues and that AP would implement the projects as agreed in the MoU with a different role for BMF. In more detail:

Building Trust between AP, BMF and the Community

1. AP and BMF will exchange information on the rights and obligations as defined in the contracts between AP and the Community members.

2. AP and BMF will share their information on which they base their differing perceptions of the representation issue in the (relocated) Magobading Community.

Implementing the Project in the Magobading Community

3. The original MoU is no longer the formal basis for cooperation between BMF and AP.

4. AP will implement projects in the Magobading Community and include the project as originally agreed in the MoU. BMF will not be member of the project team, however.

5. AP will make sure that there is a fair process, not influenced by AP, for choosing Community representatives in the project structure.

6. As the trust building process develops, BMF and AP continue their discussion on a feasible role for BMF as a monitoring organisation and on the issues to be monitored.

7. BMF and AP do not exclude the option that BMF will become a project partner in the future, as originally foreseen in the MoU, but they decide to work on trust building measures first.