The organisations want the firm interdicted and restrained from undertaking any mining.
Residents of small mining towns of Emalahleni and Ophondweni in KwaZulu-Natal, who are accusing a mining firm of putting their lives in danger have commended environmentalists and human rights advocacy groups for assisting them to take the matter to court.
Community leader Israel Nkosi, told The Citizen that with Tendele Coal Mine conducting its blasting… their houses were cracking and they had lost livestock as grazing land had been damaged.
He said the chemical particles and the coal had polluted the water, endangering the lives of people and animals drinking from the affected wells and streams.
“Our community environmental group has garnered the support of activists and human rights advocacy groups to file the court papers to stop mining activities.
“It is not the first time we are fighting against this firm. About five years ago we took it to court and, although we won the case, it appealed and the court ruled in its favour and it started operating again.”
Papers were filed last Tuesday in the High Court in Pietermaritzburg, KwaZulu-Natal.
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Mining town residents demand compensation and relocation
Nkosi said they wanted the firm to compensate those who affected by its operations and assist them to move to a safe location.
He said more than 200 households were affected by the mining and the community was adamant it would win the case this time around.
Mining Affected Communities United in Action (Macua) spokesperson Magnificent Mndebele confirmed the legal action.
“Macua, Mfolozi Community Environmental Justice Organisation and other environmental organisations, including the Global Environmental Trust, ActionAid South Africa and the SA Human Rights Defenders Network filed papers to interdict Tendele Coal’s unlawful mining operation around Somkhele and surrounding areas in KwaZulu-Natal,” said Mndebele.
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Legal basis for the interdict
“This bold step seeks to restrain Tendele from conducting mining and related activities, including blasting until it fully complies with the legal and environmental requirements for mining companies in South Africa.
“On 4 May 2022, Madam Justice Bam handed down her judgment ordering Tendele to redo its EIA (environmental impact assessment) and public participation process. However, Tendele has dismally failed to comply with the judgment. It continues its mining operation despite its failure to meet the requirements. As custodians of human rights of the affected communities, we will not stand by and watch, but resist with everything in our power until Tendele is compliant and operates within the framework of the law.”
The organisations want the firm interdicted and restrained from undertaking any mining.
Tendele’s business development director Nathi Kunene declined to respond to questions, stating that his superiors were in a long meeting.
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