Update: August 2018 to April 2019 – Status of the Save Our Wilderness campaign

The wise Greek philosopher observed more than 2500 years ago that change is the only thing that is certain. 

Heraclitus

4 April 2019; original blog by Rob Symons published at Save Our Wilderness

Protesting workers close Tendele mine

On 24 August 2018, placard-waving workers from Tendele Coal Mine in Somkhele, stood outside the Pietermaritzburg High Court protesting against our (Save Our Wilderness organization) application to close the mine for being non-compliant.

On 1 April 2019, eight months later, these same protesters closed the mine themselves! 

Who would have thought this possible? Some people considered the reported closure an April Fool’s hoax. Undoubtedly, the mine would have been happy if this had been so, but it is fact not fiction.

The workers closed the mine because of grievances relating to underpayments in their salaries – in some instances, as much as R10,000 a month. Significant differences in salaries being paid to people doing the same job have also created dissatisfaction. These arise from Tendele’s non-compliance with union rates. Negotiations with the CCMA are ongoing to try and resolve the situation.

How ironic that the workers achieved what our High Court application failed abysmally to do. Not only did we lose our case but Judge Seegobin ordered us to pay the mine’s legal costs.

Our High Court case was challenging Tendele for its non-compliance but, in our case, it related mainly to no Environmental Impact Assessment and no waste management licence. These should surely be mandatory, particularly for such a polluting activity right next to the historic Hluhluwe iMfolozi Park, established over 100 years ago as a sanctuary for the last remaining White Rhino on the African continent. The honourable Judge thought otherwise.

Tendele’s History of Non-Compliance

While Heraclitus is right that change is inevitable, Supertramp, a superb English rock band from the 70s wrote a song called “Some Things Never Change”. This would provide a good title for the long litany of non-compliance associated with Tendele since it started its operations in 2007.

For seven years, the mine operated without a valid water use licence. The mine also exhumed and relocated hundreds of graves without necessary permits and reneged on its agreed compensation to families for the exhumation of the remains of their ancestors – a very serious matter in Zulu culture. The mine has taken the property of hundreds of people without compensating them for their land, only for their homes, arguing that they live on tribal land that belongs to the Ingonyama Trust Board. It turns out the mine is wrong, and that people in tribal areas are entitled to be paid out for their land or relocated to a place that is similar to the land they have had to vacate.

In August 2018, the South African Human Rights Commission released its report on mining affected communities, a document that includes numerous human rights abuses perpetrated by Tendele.

Earlier in 2018, ActionAid conducted an audit of Tendele’s Social Labour Plan and discovered glaring discrepancies between what the mine had committed itself to do and what it has actually done. This is likely to result in court action against Tendele. Compensation claims are also in the process of being compiled against the mine. And so, the list of non-compliance goes on….

So who benefits from Tendele? 

Clearly the workers are not benefitting as they should, hence the closure of the mine on 1 April 2019.

Somkhele residents are definitely not benefitting, particularly those directly affected by the negative impacts of Tendele mine. The general complaint is that the majority of residents are much worse off now than before Tendele started mining in 2007. This complaint is valid and runs counter to the falsely held belief and narrative that mines uplift and develop communities. This is not true.

So, who are the beneficiaries of Tendele’s millions? There are the usual well-paid CEO and top mine managers, and the shareholders when stock markets are strong, but it appears the main beneficiary is an unidentified entity, referred to in Tendele’s Mining Works Programme as “Royalties-Tribe”. From July 2018 to June 2019, it is tabled that the “Tribe” would be paid over R9-million; the government R3.5 million; and Mine Health and Safety Regulations just over R8-million. For the same period, it was anticipated R35,281 would be paid in rates and taxes. Go figure this out.

Where are we now? 

GET/MCEJO Court action

Judge Seegobin’s punitive judgement made in the Pietermaritzburg High Court case against GET, Sabelo Dladla and the Mfolozi Community Environmental Justice Organisation (MCEJO) is on appeal. We are waiting for a date, probably in August, for our appeal to be heard. We are confident we will win, which opens the way for us to take our case to the Supreme Court in Bloemfontein, which we also anticipate winning.

A recent article in the Business Day confirms strong support from the highly respected Centre for Environmental Rights (CER) for our case. They see our application as setting an important precedent for the mining sector to comply with environmental requirements set out in the National Environmental Management Act (NEMA). Currently many mines in South Africa are operating without the necessary authorisations. 

Regarding the costs order, CER’s program head for mining, Catherine Horsfield, expressed grave concern that if this judgement is allowed to stand, it could have “a chilling effect” on civil society’s important watchdog role of bringing legal challenges that are in the public interest to the courts thereby defending our constitutional rights and protecting the environment. 

MCEJO Court Action 

At the same time, MCEJO is calling for a review of the dismissal of its appeal by Minister Gwede Mantashe, who approved the 222 km² mining right granted to Tendele mine in 2016 for 30 years. This matter will be heard in the Pretoria High Court. The date is still to be set.

The mining right incorporates the area north of Tendele’s current mining operations for the full length of HiP, as far north as Centenary gate. The initial application was for 34 km² and the specialist studies also cover this area, which amounts to less than 5% of the total area. The Minister deemed this and the consultation process adequate. Meanwhile none of the affected communities nor Interested and Affected Parties (IAPs) like MCEJO, GET, MACUA, WAMUA, Womin, groundWork, the Wilderness Leadership School, the Wilderness Action Group, WESSA, Wildlands or local tourism operators were informed about this application until GET’s attorney, Kirsten Youens, discovered the mining licence and brought it to everyone’s attention.

Fuleni and Ibutho Coal and Imvukuzane Resources 

On 1 May 2014, GET initiated the Save Our iMfolozi Wilderness (SOW) campaign to support the Fuleni community in its opposition to the proposed Ibutho Coal mine. Fuleni is a tribal reserve on the south-eastern boundary of the iMfolozi Wilderness Area, across the Mfolozi river from Somkhele. This area is held sacred by the Zulu people because it was where King Shaka grew up as a boy and incorporates the hunting grounds reserved for the Zulu Kings. 

After an intense three-year battle, Ibutho Coal seemed to disappear off the scene. Then, in June 2018, Imvukuzane Resources sent out notice that they had applied to prospect the Fuleni Reserve. This was met with a strong response from the IAPs and the Fuleni residents who are steadfast in their resolve not to allow mining on their land.  Nothing further has happened and after several months we discovered that Ibutho Coal is challenging the Department of Mineral Resources for rejecting their application on grounds that they cannot adequately mitigate the impacts their mine would have on the iMfolozi Wilderness area.

Effectively this means Imvukuzane’s application will have to wait until this matter has been resolved. One wonders how the Imvukuzane mine will be able to mitigate its impacts, which are likely to be similar.

Meanwhile a couple of interesting development projects are being initiated by Fuleni residents demonstrating that the people are taking control of their own future. There is a well-managed community goat breeding project that ensures the carrying capacity of allocated land is constantly monitored and not overstepped  Linked to this is fincluding a goat meat processing plant being established by a group of enterprising young women from the area.

So positive change is definitely taking place….proving Heraclitus correct. There is nothing permanent except change.

Call to Action:

Do you care about the Hluhluwe-iMfolozi Wilderness and do you want to make a difference?

Good news: YOU can!

You can donate funds here, if you like.

But wait: we have another way of being that difference. For instance, you can also organize a fun evening and ask your friends and family to donate to your crowdfunding evening; check for more info here.

Environmental Watchdog Challenges Recent South Africa Ruling

29 March 2019; Published by Tony Carnie

An environmental watchdog has challenged a legal decision by a Pietermaritzburg high court judge, fearing that his ruling will encourage mining companies to disregard the country’s environmental protection laws.

The challenge has been mounted by the Cape Town-based Centre for Environmental Rights, after judge Rishi Seegobin dismissed an application in October to shut down the Somkhele coal mine — owned by Johannesburg-based Tendele Mining — on the periphery of the flagship Hluhluwe-Imfolozi Game Reserve in KwaZulu-Natal.

The centre has lodged an application to intervene as an amicus curiae (friend of the court) in an application for leave to appeal against Seegobin’s ruling.

The centre, represented by attorney Catherine Horsfield, said it was concerned that the ruling “may open the door” to companies disregarding environmental safeguards in the constitution.

The centre believes the Tendele verdict has broad national implications and could have a “profound influence” on the ability of government inspectors to monitor and enforce environmental laws in mining areas.

It could also provide “an excuse” for companies to operate outside the law and to strip legal powers from government enforcement officers.

The ruling may open the door to companies disregarding environmental safeguards …

The centre also said the judge’s punitive costs order against two community-based environmental groups would have a “chilling” legal effect that could cow other vulnerable people from mounting public-interest litigation against powerful mining companies.

In 2018, the Global Environmental Trust, the Mfolozi Community Environmental Justice Organisation and local resident Sabelo Dladla launched an interdict application against mine owners Tendele Mining, arguing that the mine was operating illegally.

Represented by attorney Kirsten Youens, they submitted that the Somkhele mine was operating with no environmental authorisation, no municipal planning approval, no waste disposal licence and no permits to shift ancestral graves.

Dladla also alleged in court papers that several homestead structures were cracking because of daily dynamite blasting at the open-pit coal mine, and several of his livestock had died or disappeared after wandering into mining land that had not been fenced off adequately.

Life had changed forever, said Dladla, with many local residents forced to leave their land and homes to make way for mining. They had lost access to grazing for cattle and other natural resources, and were also worried about the risks to their health from polluted air and water.

The mine painted a different story in court papers, denying that its operations were unlawful and arguing that nearly 1,000 mineworkers would lose their jobs if the mine was forced to close.

Seegobin threw out the application, noting that there had been a number of amendments to mining and environmental laws that took effect in 2014. He said these changes to the law also contained transitional provisions which permitted companies to continue existing operations without obtaining fresh environmental authorisation for listed activities.

If the amended laws did not contain these transitional provisions, said Seegobin, previously lawful mining operations would have been rendered illegal, overnight. “This would have been an unreasonable, insensible and un-businesslike result,” he commented.

Seegobin also suggested that senior officials of the departments of mineral resources and environmental affairs would have intervened against Tendele if they believed the mine was operating unlawfully or causing significant pollution or environmental damage.

Horsfield said the centre recognised that judges had discretion to award cost orders, but the National Environmental Management Act included a clause intended to protect people who sought assistance from the court, provided that they were acting reasonably, in the public interest or in the interests of the environment.

During a landmark public interest case involving the Biowatch Trust and the multinational group Monsanto, the Constitutional Court had reaffirmed the principle of not punishing unsuccessful litigants with crippling legal costs, provided their cases were not “frivolous, vexatious or manifestly inappropriate”.

Horsfield also attacked Seegobin’s assertion that government officials would have taken action against Tendele if they believed the company was contravening environmental obligations. There was no basis to assume that government officials were satisfied with, or had even considered the issues taking place at Somkhele mine.

Seegobin’s approach seemed “tantamount to introducing a standard of deference to functionaries” in the mining and environment departments that was not supported by law.

Responding in court papers, Tendele CEO Jan du Preez said his company did not agree with the legal arguments opposing Seegobin’s main ruling, but would not object to the centre being admitted as a friend of the court — provided it did not try to introduce new evidence.

Du Preez said his company would abandon all claims to the money awarded to it by Seegobin for legal costs.

“I hereby confirm that Tendele unconditionally abandons the costs order granted in its favour by this court…. The issue of the costs order granted in Tendele’s favour need accordingly not feature either in the amicus application, or in the application for leave to appeal,” the company said.

Seegobin has yet to make a ruling on whether he will grant leave to appeal.

This article also appeared in Business DayTimes Select on 28 March, 2019; and in SaveOurWilderness.org on 29 March 2019.

Implications of the landmark 25 Oct. Constitutional Court decision

Implications of the landmark Constitutional Court decision for mining affected communities

26 October 2018

SYNOPSIS: 

Yesterday’s Constitutional Court of South Africa (ConCourt) judgment represents a hugely significant decision for communities and land owners. It means that mining companies who have obtained a mining right cannot simply go onto the land and start mining, as they could to date even without the agreement of the land rights holder.

The Court held that before mining starts there must be an agreement between the community and the mine on compensation. If that is not agreed, then compensation must be determined by the court or by arbitration before mining can commence.

The Court also held that the award of a mining right does not override the community’s rights as owners or lawful occupiers.

EFFECTS OF DECISION:

In a situation like that at Somkhele and Fuleni this decision has huge significance.

The mining companies always offer minimal compensation, an RDP house and a few thousand rand cash to compensate each family, and then to start mining.

When offers are refused by the community, the bulldozers advance destroying lands and resources. So, even as the “negotiations” continue, life becomes increasingly intolerable until resistance appeared futile and community members capitulate and agree to be resettled on the mine’s terms.

This is a pattern that has repeated itself many times in the past.

This should not happen anymore.

 

If the mine doesn’t offer a fair deal, which, in this context, means simply that the community member’s lives should be better not worse after mining, then mining won’t happen until such time as a court or an arbitrator has considered the compensation on offer and ruled on it.

In front of a court we would be arguing for compensation not only for our land and our homes and the lost livelihoods, but also to be compensated for the loss of community, the harm done to our culture and our traditions and our way of life.

Compensation would not necessarily be limited to cash. On the contrary we would expect programs to restore livelihoods and to re-equip us to live in a changed world. Women who would otherwise be engaged in subsistence farming would need to be trained and re-skilled for other livelihoods. Children would need to be properly schooled and equipped to live a modern life.

IMPACT OF DECISION:

The impact for a community like that of Fuleni and Somkhele would be significant. Mining for coal may be economical if you can get away with an RDP house and R100 000 per family, but it may not be economical if you are obliged to provide alternative land (hectares of indigenous bush and grazing land costs a lot of money) and to compensate for lost livelihoods and the social and economic networks that have sustained the community for generations.

Let’s face it, this kind of mining expansive open cast could never be undertaken in Europe or even in Australia, the cost of compensation is simply too high.

Mining is viable in much of Africa because you can get away with a 4×4 for the Chief, a backhander to the local politicians and a bunch of lousy RDP houses. The reality is that many of those whose land and livelihoods are taken from them by mining are left worse off and not better off than they were before.

The decision does not go so far as to affirm the right of community’s to say no. The court says that this is a question to be answered on another day, but it is a huge step forward.

It’s not a guaranteed outcome but certainly for the first time communities that are well advised and supported will be well placed to ensure that they actually benefit from mining on their land and are not impoverished thereby.

[Paraphrased from Richard Spoor’s summary on 25 October 2018]

Other links on this topic:

The full judgement of the Constitutional Court of South Africa

Ruling ‘fundamentally changes power dynamics’ as communities win big in ConCourt

Landmark ConCourt judgment says mining rights do not trump lawful land occupier rights

South Africa’s top court ruling curtails power of chiefs to cut mining deals

Interview with Attorney Richard Spoor

Mayor cancels meeting with DMR Task Team and Somkhele community

Mayor cancels meeting with DMR Task Team and Somkhele community

Community confer outside meeting

 

“I am astounded at the lack of respect given to my clients in these forums. The Agenda was particularly offensive after the tumultuous events in Somkhele and Xolobeni two weeks earlier and given that we attended a meeting where DMR would finally be listening to grievances of the community. The bias towards the mine was so evident. This immediately made the whole process untrustworthy. What could have been a first-time opportunity for hearing and investigating the suffering and  grievances of affected community members as a first step to making amends, instead, it turned out to be an unfortunate waste of everyone’s time and money, which included the expense of flying twenty experts that did not include any other government departments.” – Kirsten Youens, attorney for MCEJO.

In support of the Mpukunyoni community, mayor Velangenkosi Gumede of Mtubatuba called for the cancellation of the two day task team meeting at the Umfolozi Protea Hotel on 1 and 2 October. The task team comprised twenty experts. The meeting was organised by the Department of Mineral Resources to address complaints and human rights issues perpetrated by Tendele mine that emerged during minister Gwede Mantashe’s visit to Somkhele last Saturday. The agenda for the meeting gave the floor to Tendele mine and included items that raised sub judice issues pending the outcome of the Pietermaritzburg High Court application that Tendele is operating without required environmental authorisations, land planning and or a waste management licence..

When the following agenda was circulated, community members representing numerous community organisations responded angrily because it showed complete disregard for the people who suffer on a daily basis because of the operations of Tendele mine:

1.Presentation by DMR on legislative framework

2.Presentation by Tendele on:

2.1. Status of compliance with all aspects of the mining rights

2.2  Relocation plans

2.3  Dust and water monitoring

2.4  Status of court case brought by NGO’s

3.Community representatives to report on historic and proposed relocations

4.Discussion on proposed relocations of the Ophondweni and Emalahleni communities.

(view agenda here)

Before the DMR chairperson could even welcome everyone, members of the community were raising issues with the choice of venue that was so far from Somkhele and not big enough to accommodate everyone. The community complained about the lack of transport that had been made available for them and the personal cost in attending the meeting. The agenda was hotly challenged. The chairperson confirmed that Tendele had paid for the venue and the food.

When it became evident there was no possibility of DMR being able to remedy the situation, the mayor conceded that the meeting had been badly planned and was in the wrong venue. He agreed with the community that it should be cancelled.

A few members of the community, including Mr Nkosi from the Concerned Group, remained behind to discuss a follow-up meeting and give suggestions on how an agenda should be drafted with the DMR task team and the Mtubatuba mayor and municipal leaders. The community representatives urged DMR not to side with or work hand in hand with Tendele mine to organise the meeting as they did with the abandoned meeting. The DMR task team should liaise with the Mtubatuba municipality, not Tendele mine, as the municipality commonly organises community meetings and informs concerned parties.

Mr Nkosi suggested that a new agenda should be drafted by all stakeholders and all community groups and that other government departments must be represented, not only Tendele Coal Mining and the DMR task team. This idea was supported by the mayor who recommended this planning meeting should take place on municipal premises.

The venue for the task team meeting should be in the Mpukunyoni community, like the Somkhele sports ground where the previous meeting with the minister took place on 22 September. People from affected villages should be transported to the venue and not have to pay their own transport to attend a meeting called by DMR.

Before the new meeting, Tendele Coal Mining would have to provide the DMR task team with documents with the relevant facts about their previous/current operations and promises made to the community since the mine started operating in Somkhele.

Additionally, it was suggested that Tendele mine representatives should accompany the site visits proposed by DMR to witness firsthand the impacts on affected sites/households.

The DMR task team should include other departments such as, the Department of Environmental Affairs, Health, Cooperative and Traditional Governance, Water and Sanitation, Education, and other relevant stakeholders.

The community representatives handled a potentially tense situation calmly with a strong united voice.

Somkhele community members after the meeting

STORMS DURING MINISTER MANTASHE’S WHIRLWIND TOUR OF KZN & XOLOBENI

STORMS DURING MINISTER MANTASHE’S WHIRLWIND TOUR OF KZN & XOLOBENI

By Sheila Berry

Minister Mantashe’s whirlwind three day roadshow to major mining hotspots in KZN and the Eastern Cape last weekend has understandably focussed on the arrest of human rights attorney Richard Spoor and the tear gassing and use of stun grenades against protesting Amadiba Crisis Committee (ACC) members in Xolobeni, on Sunday 22nd September.

Bench Marks Foundation media statement  , Daily Maverick article. 

However, it is important to place on record that the minister’s visits to the two communities in Northern KZN bordering the Hluhluwe Imfolozi Park (HiP) were also not without incident, though not as dramatic as the scenes from Xolobeni.

These visits dashed the hopes of many for open, honest and even-handed engagement with minister Mantashe. Like his predecessors, he has been brazenly pro mining, and it was clearly a tactic on this tour to block genuine voices of communities impacted by mining. It has left many people dissatisfied that meaningful consultation with directly affected communities and the minister is possible.

On Friday, 21st September, the minister spent five hours meeting with Zululand Anthracite Colliery (ZAC) and left the expectant KwaMlaba/Ukhukho community members waiting for hours for their chance to speak to Mantashe – an opportunity denied to them. Instead, when the minister eventually emerged from the mine, he and  various other pro-mining speakers spent the next forty minutes praising ZAC, a mine with a long history of ignoring legislation, worker unrest, strikes, violence, and community dissatisfaction and complaints that go unheard.

In 2015, ZAC was exposed for illegally opening three new pits without the necessary environmental authorisations, and was found guilty of contravening the Minerals and Petroleum Resources Development Act (MPRDA) and non-compliance with health, safety and environmental regulations, and was temporarily closed in June 2014. Concerns about acid drainage and contamination of water sources that feed HiP were also raised that have yet to be satisfactorily addressed.

Last year, two activists were murdered: one was shot by a driving contractor for ZAC and another man was beaten to death by two policemen from Pinetown, 250kms away! To date, no arrests have been made though the identity of the murderers is known.

The Ukhukho community has also strongly objected to a depot for mine waste set up in their community and opened with great fanfare by King Zwelethini two years ago. Even more significant was the closure of ZAC by Department of Mineral Resources (DMR) officials on Monday, 16th September, the week of the minister’s visit. It had not operated all that week yet not one word was said about this. The mine resumed operations the Monday after the minister’s visit, on 24th September.

Without giving the aggrieved community a chance to say one word, the minister announced that it was getting late and he needed to leave. He and his entourage climbed into their vehicles and drove off leaving behind stunned and deeply disappointed community members. One should not be surprised or blame the frustrated community if there is an escalation in the burning of coal trucks, strikes and picketing that has become the hallmark of ZAC’s operations.

On Saturday, 22nd September, the minister repeated the same process at Somkhele on the eastern side of HiP, near the main entrance to the Park. He spent three hours inside Tendele mine, engaging with mine management, trade union members and workers. Again, when he eventually met with the long-suffering community,  there were the usual speeches of praise – this time about Tendele mine and the CEO, Jan du Preez, for the good work and benefits they bring to the community. No mention was made of the recent High Court application against Tendele by the community organisation MCEJO and GET for the mine’s lack of compliance and other complaints [Links here and here].

After the speeches, the minister walked out without giving the Somkhele/Mpukunyoni community an opportunity to speak. With one voice the tent erupted.

Since 2004, directly affected community members have tried without success to engage with the various ministers and the Department of Mineral Resources of South Africa. On Saturday, when they saw the door being shut in their faces again with all the attempts that were made to make sure community members were not given a chance to express their collective pain, they rose up and said No! Minister Mantashe come back. We demand to have an opportunity to present our issues and be heard by you.  This surely would not have happened if the minister had had his way and another expensive opportunity would have been missed by the government of hearing evidence that rectifies the distorted one-dimensional engagements that typify DMR’s modus operandi. It is apparent that minister Mantashe and his department had all the intentions of sabotaging their own visit.

Mantashe was forced to return and appease the angry gathering and had to give the floor to the community. He allowed only seven speakers who criticised the mine and repeatedly called for justice to be served and for the law to be be applied. Affected community members, who have lost their sources of income and have had their lives and health destroyed by living in close proximity to the mine, spoke openly about their suffering. All the stories were about how Tendele is impacting on people’s human rights and the negative impacts on the lives and livelihoods of the greater Mpukunyoni area. A 56 year old Mr Ndlovu, broke down and wept as he narrated how, after being removed from his home, he struggled to lay daily bread on the table for his children. More testimonies followed as the community spoke of their suffering and poverty resulting from mining in the area that takes away and pollutes their land and water.  One woman had with her, a bottled sample of polluted water from her tank at home.

Not one person spoke in favour of the mine or mentioned anything positive about Tendele.

The impacts of the mine also threaten the HiP, KZN’s flagship tourist attraction, established 110 years ago as a sanctuary for the last remaining pocket of Southern White rhino on the African continent, and providing thousands more sustainable jobs than the coal mine right on the Park’s boundary that the minister has allowed to expand by a massive 222km2 for the next 30 years until 2046.  This despite the SA signing international protocols and treaties committing the country to decreasing our dependence on fossil fuels, particularly coal. The reality is that in 2015, the coal mining sector, arguably the most environmentally damaging mining activity, accounted for about 0.5% of the national workforce. With the technical developments rapidly being favoured by the mining industry, like self-drive vehicles, and robots for security, the number of jobs currently filled by local community members is likely to decrease dramatically.

By the end of the input from the community that included handing over memoranda (view PDF – Zulu) prepared by two community organisations, MCEJO and Mpukunyoni Community Property Association (MCPA), the minister promised that DMR would assemble a task team to address the issues raised by the community. Its first meeting(s) will be held on Monday 1st and Tuesday 2nd October 2018 at the Protea Hotel, an unfortunate venue choice. Before its conversion into a 3-star hotel, it was used by the apartheid regime as a place to torture and murder so-called “enemies of the state”.

From Somkhele, the minister and his department travelled to the much publicised violent visit in Xolobeni. When Richard Spoor appeared in court last week he was charged with assault of a policeman, refusing a lawful order, and incitement to public violence. The case was remanded until 25 October.

Meanwhile the government is still to deal appropriately with the Marikana massacre and to prioritise the arrest of the two men, posing as policemen, who murdered Sikhosipi Bazooka Radebe, a leading activist in Xolobeni, who was shot seven times in the head in front of his 15 year old son. This happened more than two years ago. There are several other deaths of anti-mining activists nationwide fighting for justice that remain unsolved and numerous anti-mining activists across the country continue to be subjected to intimidation, violence, damage to property, and their lives threatened.

One thing that became clear during the minister’s tour is how effective mining is at splitting communities into a few beneficiaries who are decision makers on one side and the masses who are left with nothing on the other side.

Summary of Proceedings: Tendele/Somkhele Coal Mining Case

Media Release – Summary of Proceedings: Tendele/Somkhele Coal Mining Case

MCEJO outside the Pietermaritzburg Supreme Court – photo by Rob Symons

The application brought by The Global Environment Trust (GET) and members of Mfolozi Community Environmental Justice Organization (MCEJO) against Tendele Coal Mining (PTY) LTD, on 24 August 2018 in the Pietermaritzburg Supreme Court has been heard. Judgement to be handed down in 3 months.

PIETERMARITZBURG, SOUTH AFRICA: Our day In court: Our senior counsel, Advocate Dickson, supported by Advocate Mazibuko and instructing attorney, Kirsten Youens, put our case across very well. During our argument, Judge Seegobin expressed concern at granting an order to close the mine while it applies for the necessary licences because of impact this could have on the economic situation of the country. Our argument is that if Tendele has no environmental authorisations, no waste management licenses, no cultural heritage permits and no planning permission, it is operating illegally. An order for the mine to continue operating in spite of this would be to clothe illegal acts in the legitimacy of a court order.

Later in the proceedings Judge Seegobin stated that mining in South Africa has come under the spotlight for various reasons. One of these was the huge impact that it has on poor people and on the environment. He mentioned the South African Human Rights Commission Report that was recently released and formed part of our court papers. He further stated that as much as Tendele may argue that they are operating legally, we can’t “lose sight of these issues”.

Tendele was represented by their attorneys and advocates from Johannesburg. Mine management and several Indunas were present in court. Their advocate stated that it is not really new that mines have a massive impact on communities. “There are always inevitable conflicts and there have been since the 1950s.”Their argument is that, with the exception of the cultural heritage laws (which they concede were needed but not complied with), the legislation does not apply to them and no authorisations are needed.

Our 3000 MCEJO members were represented by 200 people who travelled from Zululand at 3am to be there. SAPS and Msunduzi municipality officials were happy with the way MCEJO organised themselves.

We trust that Judge Seegobin will be strong in his statement against mining in contravention of the law and finds in favour of thousands of people who want justice and confirmation that #LawApplies2All.

Judgement to be handed down in about 3 months.

Photos

All photos in the following albums are available for download. For photographic enquiries please contact Rob Symons –  South Africa 082 495 6249

Tendele Mine/Somkhele  https://flic.kr/s/aHsmhio5Kh

Tendele/Somkhele Court Case  https://flic.kr/s/aHsmrq93qg

Here are some useful links:

The Truth about Tendele – Mine throws Lie Line: https://wp.me/p768Un-HN

Summary of the Court case with links to court papers: https://wp.me/p768Un-HV

For background on Save our iMfolozi Wilderness Campaign: https://saveourwilderness.org

Website for The Global Environmental Trust  http://globalenvironmentaltrust.org

Contacts (also in South Africa):

Kirsten Youens, Legal advisor for GET and MCEJO – 0612266868

Sabelo Dladla, MCEJO, Second Applicant –  0834647671

Sheila Berry, Spokesperson for the Global Environmental Trust – 082 295 7328