Small towns in KZN welcome activists’ support in fight against coal mining company

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 the environmentalists and the human rights advocacy groups for assisting them to take the matter to court.

A community leader, Israel Nkosi, told The Citizen that the community has suffered since Tendele Coal Mine started its blasting – their houses are cracking and they are also losing livestock as the grazing land has been damaged by the mine.

He also said the chemical particles and the coal have polluted the water, endangering the people and the 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 try and stop mining activities. It is not the first time we fought against this firm as about five years ago we took them to court and, although we won the case, they appealed and the court ruled in their favour and they started operating again.”

The papers were filed on Tuesday in the High Court in Pietermaritzburg, KwaZulu-Natal.

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Nkosi said they need the firm to compensate those who have been affected by its operations and also assist them to relocate to a safe location. He said more than 200 households were directly affected by the mining.

He further said the community is certain they will 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 (MCEJO), and other environmental organisations, including the Global Environmental Trust, ActionAid South Africa, and the South African Human Rights Defenders Network filed papers to interdict Tendele Coal’s unlawful mining operation around Somkhele and surrounding areas in KwaZulu-Natal Province,” said Mndebele.

“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 [environmental impact assessment] and public participation process. However, Tendele has dismally failed to comply with the judgment. Tendele continues its mining operation despite its failure to meet the requirements. As the custodians of human rights of the affected communities, we will not stand by and watch, but we will 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.

Tendela’s Nathi Kunene did not respond to questions, stating that his superiors were in a long meeting.

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