SAPS heads in firing line for alleged interference in Mpumalanga mining operations
Two top cops have indicated that they will oppose a contempt of court application.
Both the national and Mpumalanga provincial police commissioners have indicated through the office of the state attorney that they will oppose a recently filed contempt of court application, after the alleged continued police harassment of Sithemba Coal and its contractors at Sithemba’s Mooifontein operations.
If the application succeeds, both National Police Commissioner General Fannie Masemola and Mpumalanga Provincial Police Commissioner Lieutenant General Semakaleng Manamela could face 21 days in jail, or a fine of R450 000 each.
The notice of motion was brought on the back of a high court ruling on January 23, in which the court sided with Sithemba against the commissioners, interdicting both from interfering and meddling in Sithemba’s mining operations and preventing Sithemba from removing and disposing of the coal mined under Sithemba’s mining right.
Further restrictions were also issued by the court.
Despite the order, the police allegedly continued to harass and arrest employees of Sithemba and its contractors, with up to 30 armed police members allegedly showing up at the mine unannounced, and ordering operations to stop.
At one stage, uniformed police members were allegedly posted at the mine’s gates to prevent Sithemba employees and contractors from entering the mine.
At a meeting between the police and Sithemba directors, top provincial police brass allegedly ordered Sithemba to settle creditors’ accounts in two days or face a complete shutdown of operations.
The threats resulted in Sithemba entering into forced business rescue in February, despite the court interdicting the commissioners from any interference with mining operations on January 23.
Sithemba says continued police harassment shows a clear breach of police authority in lucrative mining activities in Mpumalanga.
Sithemba furthermore says it has lost trust in the figureheads to uphold the rule of law following the interdict, which was also sent to the national deputy police commissioner by Sithemba attorneys with the hope of intervention.
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