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The Pietermaritzburg High Court has granted an interim interdict halting new mining activity as part of the controversial expansion of the Somkhele coal mine in KwaZulu-Natal.
Petmin's Tendele Mining, which operates the mine, said in a statement that on Friday that the court granted the urgent application, brought by All Rise Attorneys on behalf of the Mfolozi Community Environmental Justice Organisation (MCEJO), pending the hearing of a full interdict application on 9 June.
"They are seeking an order to stop Tendele from continuing with these activities in accordance with the mining rights and permits that Tendele maintains it holds," Tendele said.
The life extension of the mine has been a growing source of tension in the community and made headlines in late 2020 when Fikile Ntshangase, an active MCEJO member, was assassinated in her home.
The mine was initially closed after 15 years of operation. Plans to expand operations for another 10 years was subsequently challenged by MCEJO, and in May last year the North Gauteng High Court in Pretoria found Tendele had failed to comply with various statutory requirements and found defects in the company's scoping and Environmental Impact Assessment (EIA) process, the public participation requirements and that Tendele failed to obtain consent as required by the Interim Protection of Informal Land Rights Act (IPILRA).
After Tendele issued notices in February this year of its intention to resume mining-related activities in mid-March, MCEJO turned to the courts, claiming Tendele had still not complied with the court's order to obtain consent "specifically from the persons who may be deprived of their informal rights to land" by the mining activity, and that it had not completed the EIA processes.
READ | Battle looms as lobby groups move to interdict reopening of Somkhele coal mine
Tendele however maintains that MCEJO allegedly represents "a few hundred members of this 220 000-strong community". It says it itself has the support of community leaders from Mpukunyoni and the Mpukunyoni Traditional Council (MTC), and officials from the National Union of Mineworkers (NUM) and the Association of Construction and Mineworkers Union (AMCU).
"Tendele maintains that it has a valid mining right…. and environmental management programme to undertake operations. Additionally, in accordance with the [May 2022 order] Tendele obtained overwhelming support ( over 90%) through the IPILRA consent process."
The MTC, the Mpukunyoni Community Mining Forum, AMCU and NUM said in a joint statement that they were disappointed by the interim interdict.
"The clock has been ticking for far too long. Our community requires jobs, and Tendele can provide up to 1600 jobs," they said.
The joint statement said they looked forward to their affidavits and argument's being heard by the court on 9 June.
with Lisa Steyn
