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Liberty Coal notes High Court’s reactionary snub, says civil law must prevent violence at Optimum

Liberty Coal gob smacked by high court decision to let illegal, armed protests slide.

Liberty Coal responded to the Middelburg High Court dismissing its urgent application for relief against protesters at its properties, including Optimum Mine, where Liberty is implementing a turnaround strategy to restore Optimum’s production to its heydays.

Liberty Coal announced the appointment of its independent mining affiliate, Liberty Mining Services, as primary contractor following a breakdown in relations with its former partner, Salaria.

In a noteworthy observation contained in its response, Liberty Coal said:

“Extraordinarily, it appears that our courts endorse a position that civil law and order is only to be imposed if and when an illegal gathering results in actual harm or violent deaths, and not, as understood in all civilised societies, as a means to avoid and prevent such harm.”

More worrying, Liberty continued:

“Liberty Coal, as a company endeavoring with its own resources to rebuild what once was a functional mine destroyed by thieves and vandals from many of these same communities, takes due cognizance of the kind of future this approach portends.”

Liberty was confronted outside court by hundreds of protesters demanding inclusion, with the starting point being the resurrection of a stakeholders forum the community claims Liberty dissolved.

An internal source, however, confirmed that the stakeholders forums are still in place, with bona fide creditors being kept in the Liberty loop.

Liberty accuses protesters of brandishing high-caliber semi-automatic weapons, covering their faces, and forcing their way onto properties.

“Liberty Coal has, in recent weeks, been the target of an illegal orchestrated campaign of alleged community-based protest marches and actions, initiated and sustained at the instance of certain individuals,” the statement reads.

“Whilst recognizing the constitutional rights of like-minded persons to freely assemble to air their grievances, and indeed sympathizing with local demands for gainful employment, these protest actions have been supported by the unwarranted and illegal presence of heavily armed and disguised individuals, and include state officials and members of the police services,” Liberty continues.

Liberty says the intimidation tactics:

“breach every notion of a civil and civilised society; it is an obvious and immediate risk to public safety and order.”

The beleaguered Optimum Mine has been a hotbed of corruption for years, with the mine dragged into the spotlight of the state capture commission.

The tone of Liberty’s response will certainly raise eyebrows among domestic and international investors.


Liberty’s Statement, Continued (Verbatim):

Following direct personal death threats made against certain members of the Liberty group’s senior management (which included threats against their minor children), Liberty Coal took the decision to seek, among other relief, an urgent temporary interdict from the High Court on a rule nisi basis to prevent further gatherings, so as to afford the relevant communities or their leaders an opportunity to present their case before any final interdict is granted.

Notably, until the police made a belated appearance, the behavior of the crowd bused into town to protest outside the court during the hearing on 3 February 2026 was similarly characterised by disguised individuals, loud jeers, and racial slurs, including dangerous physical jostling and threats, directed at Liberty Coal and its legal representatives.

Liberty Coal will continue to take all legal action necessary to protect its business and the safety of its employees, and further proceedings will be launched in due course. Liberty Coal welcomes robust engagement with any genuine and relevant communities but will not tolerate illegal activities by the very same communities.

 

 

 

 

 

 

 

 

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Gerhard Rheeder

I have been a journalist for two decades, with numerous awards to my credit, both in photography and writing. A brief stint as researcher in the opposition offices of the Mpumalanga Provincial Legislature, honed my skills as specialist local government reporter, covering crime and courts.
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