High Court orders Somkhele coal mine to file answering affidavit

Environmental justice group All Rise, which represents the Mfolozi Community Environmental Justice Organisation (MCEJO) and others, says they are a step closer to the community seeking justice against Tendele Coal Mining in Mtubatuba.

This after the MCEJO and the Global Environmental Trust (GET), Mining Affected Communities United in Action (MACUA), ActionAid South Africa, and the Southern Africa Human Rights Defenders Network (SAHRDN) obtained a court order from the Pietermaritzburg High Court compelling the Somkhele-based mine and others to file an answering affidavit.

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According to All Rise lawyer Kirsten Youens, this has been an uphill battle since March when Part B papers were served on the respondents.

“As per the rules of court, answering affidavits were due on 29 April, but Tendele requested an additional two months to submit,” said Youens.

“The Mpukunyoni Business Association (MBA), a company registered in May and which advised of its intention to intervene in the matter in April, was represented in court to submit intervention papers.”

Youens added that the parties agreed to the inclusion of the MBA and timeframes by which to file further papers.

“The timeframes were made an order of court, which will, hopefully, prevent more delays. Leave to approach the judge president for an expedited hearing was also granted.”

However, Youens argued that in the meantime, Tendele continues its mining operations to the severe detriment of the residents of Emalahleni.

“Satellite imagery dated 25 March shows massive environmental destruction in the area, with activities having now commenced in the village of Ophondweni.

“Tendele continues with weekly blasting, even though families are living within 500m of the blasting zone. The failure to resettle these families places them at continued risk and violates both legal and ethical obligations,” added Youens.

MCEJO and the other NPOs are pursuing Part B of their court application to interdict Tendele from continuing mining in three new villages in northern KZN until it has complied with a judgment handed down in May 2022.

“The delays orchestrated by Tendele and other respondents, while our clients suffer daily, are an abuse of the legal system. As frustrating as it is to have to approach a court for orders such as this one, we hope this will ensure these dates will be complied with and we will be given an expedited hearing. We are one step closer to justice, which has been a long time coming,” said Youens.

The mine’s business development director, Nathi Kunene, could not provide official comment at the time of going to print.

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