DURBAN - Anti-mining activists say that Tendele Coal Mining’s plans to expand the activities of its Somkhele mine in the Mtubatuba District of KwaZulu-Natal have resulted in them living in fear.
Tendele and its holding company Petmin (Pty) Ltd have been engaged in a series of court battles with community groups over the legality of the coal mining rights in the Mtubatuba area, following the company’s plans of expansion which included digging open-cast mining pits in the Ophondweni and Emalahleni rural areas.
Community member Dumisani Ntombela, 55, said that he was currently in hiding with four others out of fear for their lives.
“I have two wives, many children and grandchildren whom I have not seen in a long time because I am in exile. I do not know when they will find me and kill me, but I would have died for the truth anyway. We do not want Tendele expanding their mines in our home ground. They are unscrupulous and inconsiderate,” he said.
However, the company has denied the allegation.
Tendele is mining anthracite, a type of coal used as a reductant in various metallurgical applications and is generally not used to generate electricity. Half of the product would be sold locally, and the rest exported.
Community activist group Mfolozi Community Environmental Justice Organisation (MCEJO), and four other applicants, Global Environmental Trust (GET), Mining Affected Communities In Action (MACUA), Southern Africa Human Rights Defenders Network (SAHRDN) and ActionAidSA applied for an urgent interdict from the Pietermaritzburg High Court to stop Tendele until it has complied with Judge Noluntu Bam’s judgment handed down in May 2022. The judge ordered the company to redo its Environmental Assessment (EIA) and public participation process and to obtain community consent in terms of the Interim Protection of Informal Land Rights Act (IPILRA).
Tendele allegedly commenced construction of a mine access road on May 23 before the hearing, despite only being in the early stages of the EIA process and despite the road not being authorised in terms of its existing Environmental Management Programme (EMPr) and water use licence.
MCEJO and the other four applicants then had to apply to court again on an even more urgent basis to stop Tendele until the court hearing and were successful in securing an interdict.
The initial application was heard on June 9 by Judge Piet Koen, who reserved judgment but also extended the interdict. The judgment is expected to be heard during the course of this month.
According to Janice Tooley, executive director of the All Rise Attorneys for Climate and Environmental Justice, a non-profit company which represents the applicants, the residents have grievances dating back to when the mine first started moving people and graves off the land. Tooley said people lost their land and been subjected to levels of dust, noise, poor health and water supply.
Nathi Kunene, business development manager of Tendele Coal Mine, said they had an existing Mining Right and EMPr that covered the area and had received more than 90% of support for the mine during a vote in terms of the Interim Protection of Informal Land Rights Act (IPILRA). Kunene said every occupied household had also signed relocation agreements and had the permission from families to build an access road on their field.
He said that it had also been discussed with the Mpukunyoni Traditional Council and relevant authorities.
Kunene refuted allegations of undertaking mining activities since the urgent interdict, or that there were any links between the murders and threats directed to anti-mining activists.
He noted that there were implications of halting the expansion project such as job losses and the risk of the company’s funders losing patience and calling on their loans, resulting in the assets of the company being liquidated and the end of the mine.
Executives from the Department of Mineral Resources said that the mining rights for the Tendele expansion and the associated environmental management programme were granted and issued in terms of the Mineral and Petroleum Resources Development Act, 2002 (as amended) and that they were aware of the interdict against their mining activity, however it was the competency of the courts to resolve this dispute.
“In addition, the right holder is required to implement a social and labour plan in compliance with Section 23(1)(e) as part of the mining right contract.
“In terms of environmental management, the right holder is compelled to identify both positive and negative impacts and undertake an assessment of such accordingly. The relevant mitigation and management measures have been developed and approved by the Department,” according to a statement by the department.
The Department of Economic Development, Tourism and Environmental Affair and Ingonyama Trust Board had not responded at the time of going to print.
SUNDAY TRIBUNE