LETŠENG RESPONSE TO DWA REPORT – NOVEMBER 2023

Summary response

(to be read in conjunction with the detailed response)

Letšeng Diamonds wishes to respond to the content of the report titled MALORANENG STREAM POLLUTION INVESTIGATION, dated February 2023.

Letšeng understands the role of the Ministry of Natural Resources, specifically the Department of Water Affairs (DWA) as the Authority responsible for providing an oversight to the management of Lesotho’s natural resources including water resources. The Department as the Regulator would further play a role of facilitation between stakeholders where there are concerns and support all stakeholders in resolving these concerns by way of issuing official direction through relevant mechanisms.

Reference is made to the recent communication (through email) shared by the Director DWA, Mr. Motoho Maseatile, dated 22 November 2023 with a report attached titled “Maloraneng Stream Pollution Investigation” shared with the Lesotho Times representative, Ms. Mathatisi Sebusi. The objectives of this report seem to contradict the above understanding of the role of the Department and instead indicate that the Department had a pre-determined assumption as per the objectives stated in the report (page 3) “To determine possible pollution” and “To establish complaints” instead of investigating and thereafter play a facilitation role to both confirm the results of the investigation and also determine the legitimacy of the complaints.

It is important to note for the record that Letšeng has no reservations to share any information that can be requested by the Department as the Authority holding the mandate to oversee the management of water resources in the country.

Reference is made to Letšeng’s response to the same e-mail from the Director of DWA. Letšeng continues to stand by this response which is summarised below for ease of reference;

“Letšeng maintains the position that it was seeing this report for the first time as it was being shared with the media representative, to which we expressed our disappointment that we were not afforded the time and opportunity to understand the context of this report and engage with the Department accordingly on the findings and the strong recommendations made. We believe that publication of this report, nine (9) months after its conclusion and without giving Letšeng an opportunity to engage on this matter does not do justice to the long-term efforts Letšeng has been working on to address any potential risks that can affect the water resources within and in the vicinity of the mine lease area.

We would have liked to clarify some of the statements made in this report and among others, understand the credentials of the facility that provided the results of your samples, and a few other technical issues that we find are contradictory to our own results and findings from the biomonitoring report shared with your department bi-annually to which to date we have not received feedback from your good office pertaining to these reports.”

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Detailed response

OUR APPROACH, PROCESSES AND AUTHORISATIONS

Letšeng Diamonds operate its mining operations in accordance with the requirements of the Mining Agreement issued to the Company by Ministry of Mining in October 2019. The Agreement is valid for 10 years with an option for renewal.

The specific clause in this Agreement governing environmental protection reads as follows;

6.2.3  The Mining Company shall conduct mining operations reasonably and in accordance with Good Industry Practice. In particular, the Mining Company shall conduct all the operations:

6.2.3.2          In compliance with the Environment Act and other Applicable Laws                        regarding environmental protection.

Letšeng conducts due diligence to develop all the necessary processes, procedures, protocols and operational documents required to demonstrate compliance with the above stated requirement. Most of these documents were approved by the Department of Environment, our understanding being that these were reviewed in consultation with line ministries as may be necessary. One of the overarching documents was the Environmental and Social Impact Assessment (ESIA).

The Environmental and Social Impact Assessment ESIA (2013) set out specific environmental conditions (Record of Decision (RoD)) to which Letšeng is obligated to comply with. The relevant conditions are listed below but not limited to;

1. Development of a Social and Environmental Management Plan (SEMP) – a document which highlights specific commitments that Letšeng undertakes to ensure implementation of sound environmental programmes. This document is revised every three (3) years and is approved by Department of Environment before it is implemented. The latest SEMP was approved in 2022.

2. Submission of water quality monitoring reports every six (6) months, with emphasis on the status of Nitrates and E.coli. These reports are submitted to the Department of Environment and the Department of Water Affairs. 

3. Submission of annual external environmental audit reports – to ensure independent party’s review and compliance assurance is given regarding the Letšeng environmental programmes.

The specific commitment emanating from the approved SEMP, relevant to the subject under discussion reads as follows:

“LD shall minimize the risk to human and aquatic environmental health through applying actions to ensure that all surface water from the mine lease area meets the appropriate standards by the Government of Lesotho (GoL). Where Lesotho standards are not available, relevant internationally recognized standards will apply, benchmarked against local ambient conditions”.

CLARIFICATIONS REQUIRED

The following findings and statements made in this report, dated February 2023 will need to be clarified by the authors of the report;

1. Tailings dam: The report refers to the tailings facility that seeps into the Maloraneng stream to which it was confirmed by the Department’s officials that this water is indeed coming from the tailings dam. (page 3) An understanding is required how this correlation was made as the tailings dam is located in the Patising catchment. 

2. Joint inspection: Reference is made to where the DWA officials entered the mine and conducted a joint DWA-LDM team inspection. (page 4) This information is inaccurate. The DWA officials arrived at the mine and informed Letšeng Environmental Team that they were conducting spot checks as part of their mandate. Letšeng Environmental team proceeded to take them to areas where they pointed requesting to collect water samples.

Letšeng’s understanding of a joint- inspection would mean, discussions and sharing of information pre and post inspection where issues of concern are raised and Letšeng is given opportunity to respond and to formulate an action plan to address any adverse findings, which is then approved by DWA. This report is a demonstration that joint and coherent discussions were never held as Letšeng was seeing this report for the first time on 22 November 2023. 

3. Laboratory tests: Reference is made to water samples taken on the dates specified by the report, whose chemical analyses was done (page 4). It is understood that DWA officials used a DWA laboratory (page 7) for results analyses. An understanding and/or appreciation is requested of the accreditation of the laboratory being used to conduct these chemical analyses in terms of quality controls in place to ensure the integrity of the analyses and methodologies used. Letšeng views this as a critical requirement since sampling protocols differ, and since water sampling is sensitive to time lapse between sampling and testing. This stance is also supported by the DWA’s own admission (page 7). 

4. Maloraneng Rural Water Supply System: Maloraneng village draws water from the stream, where the mining effluent has already entered the stream (page 4). An understanding is requested from the DWA officials regarding the reasons why the Communities are not drawing water from the community standpipes provided by the Department of Rural Water Supply. 

5. Waste rock dump seepage: Figure 2 (page 5) is not a tailings dam but in actual fact is a dormant facility previously used by Deers operations, currently collecting seepage from the Waste Rock Dump, minimizing the flow rate at which this seepage flows downstream. Studies that Letšeng has conducted over the years have actually demonstrated that this seepage collection facility has shown characteristics of denitrification assimilation processes reducing the levels of nitrates before the seepage exit the mine lease area. 

6. Access to monitoring boreholes: Access to monitoring boreholes that are within the mining activities blast radius area was denied as there was a mining ore blast scheduled for that afternoon (page 5). Letšeng would like to state categorically that it is not prepared to put anyone’s life in danger while conducting its operations especially when conducting high risk activities.

With pre-arrangements made to visit the mine, there would not be any reservations for the DWA officials to access any area of the mine once declared safe to do so. On the said visit, DWA officials were not amenable to conduct an alternative arrangement to visit the mine for this specific sample and this cannot be recorded as ‘denial of access’. 

7. Monitoring boreholes: One of the boreholes, LWE003, is downstream from the Mothusi Dam which is used for mining purposes, while the other, LWE015, is downstream from the return water dam which is used for recycling water seeping from tailings dam (page 5).

The statement made is therefore inaccurate. Both boreholes referred to are used solely for monitoring purposes. Letšeng does not have any boreholes used for water abstraction as implied by this statement. Relevant permits are in place and were issued by the Department of Waters Affairs following application in terms of section 21(3) of the Water Act, 2008. 

8. Water quality parameters: Reference is made of specific parameters which are said to be above recommended limits and that they possess adverse health effects (page 7). Letšeng humbly requests the documentation that references these limits and associated health effects in order to understand how these concerning ailments were determined.

• It is noted that the hardness of water is purely based on an assumption as the relevant parameter could not be assessed.
• It is further noted that the results of borehole 003 have recorded high levels of Nitrates 28.8 NO₃mg/l and yet DWA officials have applied a SANS standard of 11mg/l N. Our long-term results analysed externally show this borehole has never exceeded the 11mg/l N SANS standard. We note the discrepancy of the unit of measure used.
• Letšeng would further like to understand the justification to apply a drinking water standard on boreholes which are used solely for monitoring purposes and not consumption.
• It is also noted that possible seepage occurring to the underground is based on an assumption (page 7) as quoted “It is highly possible for seepages to the groundwater to occur due to the presence of the dyke.”

Letšeng’s understanding is that any conclusions drawn that could lead to the strong recommendations made in this report by DWA must be based on scientifically proven data and/or information or credible research reports that can be referenced accordingly. 

9. Compliance reporting as per RoD: As per the Record of Decision (RoD) referred to above, Letšeng submits the Bio-monitoring report to the DoE and the DWA. It is therefore Letšeng’s understanding that the Government departments are privy to the content of these documents and as Expert Authorities should provide the necessary direction to Letšeng where there is an awareness that its operations show a potential risk to impact the surrounding environment and to then advise accordingly. 

10. Timing of report: The report presented herein by DWA officials was prepared in February 2023 and only shared in November 2023. Letšeng is of the view that this information is outdated as a lot has happened since February 2023. However, the company is amenable to understand the DWA’s logic for only sharing information in November 2023 that was investigated in February 2023

Letšeng is cognizant of the fact that any development processes, regardless of the type of sector both in-country and outside, through history has shown that there will always be some level of environmental impacts (positive or negative) on the natural environment.

With this understanding, Letšeng has explored, taken actions and implemented proven, and where not possible, thoroughly researched initiatives that were identified as practicably feasible to minimize any potential impact on the environment whether past, present and/or planned. These are listed below in no particular order.

Strategies/Actions in place/Ongoing and Planned

• In the absence of the Lesotho national regulations/standards pertaining to water quality management, Letšeng has voluntarily adopted the South African water quality standards (SANS 241:2015 and aligns itself with South African Water Quality Guidelines Vol5 Agricultural use Livestock Watering, second edition, 1996) following good industry practice.
• Mokoalibane, Patising and Rio-Tinto Zinc (RTZ) the latter also referred to as Maloraneng streams all drain into the Khubelu River. Letšeng monitors all of these streams for water quality and submits the results to the Department of Environment and Department of Water Affairs bi-annually.
• Monthly, quarterly and bi-annual water quality samples are taken and analysed at an accredited Laboratory in South Africa, thereby providing assurance in terms of the integrity of the results received.
• The Department of Rural Water Supply has provided stand-pipes in the Maloraneng village to ensure that villagers are provided with water from the natural springs. Letšeng also collects water samples from these standpipes to provide an oversight function to the quality of the water. These water samples are also analysed at the accredited Laboratory in South Africa.
• Letšeng is the only mine in the country that has constructed an artificial wetland to enhance the water quality management and many lessons are being derived from this initiative by different role players in the water sector.
• Letšeng partnered with GIZ (an International Corporation) facilitated by the Department of Water Affairs to rehabilitate and restore the Phapong wetlands, which are the headwaters of Khubelu River which also feed directly into the Maloraneng stream. The purpose was to augment the water quality flowing through this catchment, among other objectives such as testing some land restoration techniques.
• Letšeng has recently completed a detailed design of an artificial wetland, in the same RTZ/Maloraneng catchment. The aim was to design a practical and implementable wetland system to create a wetland habitat conducive to aquatic life and to improve the overall ecosystem services.
• Letšeng is in the process of constructing and implementing a bio-remediation eco-friendly technology being pioneered in the country for the first time (approved as part of the SEMP in 2022). This technology is intended to optimize a biological process which will improve water quality seepage coming out of the mine lease area flowing into the Maloraneng stream.
• Lastly, the approved SEMP has specific commitments that requires Letšeng to conduct external audits on its operations. These are the International Organisation Standards (ISO) systems that Letšeng has subscribed to; legal and SEMP external audits. The Department of Environment approves the team of Auditors before the SEMP audit is conducted to ensure the Auditors hold credible qualifications and experience. The SEMP also requires Letšeng to use accredited Laboratories for environmental monitoring programmes.

In closing, Letšeng remains open to participate in forums that the Department would wish to facilitate either to discuss any concerns from any aggrieved stakeholders or to share valuable information that has been gathered over the years as lessons learned in the field related to water quality for the benefit of the country etc. It is Letšeng’s understanding that this enables the Department to be in a position where it is able to share information that is accurate and confirmed, and that it serves to address all parties’ concerns without seeming to be prejudiced.