NBA LAW

NB A
ENVIRONMENTAL, PLANNING AND DEVELOPMENT LAW ATTORNEYS
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OUR REFERENCE Mr. N. Brauteseth/NU 0022

YOUR REFERENCE PS30/13072021/01
DATE 10 August 2023

The Head
Department of Economic Development, Tourism and Environmental Affairs
Attention: The Director: Environmental Services, South Region
Mr Sabelo Ngcobo
Per email: Sabelo.Ngcobo@kznedtea.gov.za

and to:

The Chairperson
UPL Multi-Stakeholder Forum
Attention: Prof Jeremy Ridl
Per email: jaridl55@gmail.com

Dear Sirs

CANCELLED UPL MULTI-STAKEHOLDER FORUM MEETING ON 10 AUGUST 2023

I confirm that the MSF meeting that was scheduled for today 10 August 2023 was cancelled
at the last moment. Since there will doubtless be adverse and perhaps inaccurate press
coverage relating to the cancellation of the meeting, I have been asked by my client to record
the circumstances and the way forward.

Vicki King was advised this morning that Mr Tony Carnie, a freelance reporter, had been
invited by members of the MSF to attend the meeting. As soon as I was advised of this, I took
instructions, contacted Professor Ridl in order to record my client’s objection to his attendance,
and requested that for a number of reasons the invitation be rescinded. After a few further
communications I was advised that the members would not withdraw the invitation, that Mr
Carnie would be coming to the meeting, and that the issue could be dealt with at the UPL
premises. On my client’s instructions, and in order to avoid unnecessary confrontation I was
then requested to cancel the meeting, which was done.

Since the MSF members nonetheless arrived at the venue, the opportunity was taken for the
MSF members to meet with Ms King and myself to discuss the situation and the way forward.
I will not attempt to relate the MSF’s side of the discussion, which I will leave to Professor Ridl.
However, what UPL expressed is the fact the public generally and the press in particular have
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never been participants in the MSF/UPL meetings. This issue was resolved some time ago.
Further, the MSF’s and UPL’s roles are carefully set out in the MSF terms of reference, and
since they involve a set of responsibilities that require a level of reporting and oversight
peculiar to the way in which the MEC established the MSF, it would be highly inappropriate for
the press to be in attendance. Indeed, in UPL’s view, the admittance of the broader public and
the press was never envisaged in the terms of reference or in the way in which the MSF/UPL
engagements would occur, and for that reason alone UPL has always been opposed to press
attendance.

That is a matter of considerable substance because issues will and should be discussed in
MSF meetings which involve an assessment of performance not just by UPL in its Directive
compliance, but also by the authorities in their oversight and statutory performance. The MSF
was envisaged inter alia to provide guidance to UPL in its navigating of engagements with
authorities and other stakeholders, particularly when issues arise in which the MSF can assist.
The presence of the press at any of those discussions is self-evidently inappropriate.

As stated, this is not the first time that the issue of press attendance at an MSF meeting has
been raised. My client finds it extremely unfortunate that in the present case Mr Carnie’s
intended presence was communicated late, the issue was forced and resulted in awkward
scenes and unpleasant exchanges at UPL this morning. Matters like this can and should be
avoided.

However, the informal meeting that was held with the Forum, my client believes, was
productive. In my client’s view MSF meetings are necessary and should proceed at whatever
frequency and form will suit the members. Obviously without the press – if the press need
information they can request it, or refer to the very comprehensive repository. It was agreed
that the MSF would give thought to how future meetings of the MSF should take place. It was
mooted that instead of general “updating sessions”, focused meetings could take place to
discuss specific rehabilitation areas, since those would be more in-depth and easier to set up
as they would involve fewer of the specialists at any one time. The MSF indicated that those
meetings need not all be attended by the authorities, especially if the issues in hand will involve
a review of authority responses. We wait to hear from the MSF in all these regards.

UPL also indicated that it was open to public engagement in a way that would be more effective
than just the current monthly reporting and repository lodgment process. The MSF said that it
would give some thought to that and revert.

There was a lot else that was discussed, which is not presently germane to today’s events.
However, on the matters I have mentioned, the MSF has undertaken to revert. If you have any
queries relating to the above, please let us know.

Yours sincerely

Norman Brauteseth
NORMAN BRAUTESETH
NORMAN BRAUTESETH & ASSOCIATES