High court brings order to mine
Protest to ‘extort’ business from Somkhele coal mine bombs
![](https://images.caxton.co.za/wp-content/uploads/sites/56/2016/12/tendele2_17723_tn.jpg)
THE Pietermaritzburg High Court will now rule with an iron fist over unruly members of a community association that last week disrupted operations at the Tendele Coal Mine in Somkhele.
A court order was issued on Tuesday, interdicting the Mpukunyoni Community Property Association (MCPA) after they blocked the anthracite mine’s entrances on Thursday and Friday.
During the illegal protest, they reportedly threatened staff and demanded that Tendele give the MCPA contracts for the transport of coal to the Richards Bay harbour for export.
Mine management stated it was a blatant attempt to extort business opportunities from the mine, which could have brewed friction in the community and caused closure of the mine to the detriment of its employees.
‘This protest action, a repeat of a similar incident in November 2016, was initiated by Bongani Pearce and the MCPA, of which Mr Pearce is the chairperson,’ said the mine in a management brief.
‘The incidents were accompanied by threats to close the Somkhele mine, operated by Tendele Coal Mining.
‘Closing the mine would have a detrimental effect on the almost 1000 employees of the mine (more than 80% local) and the local economy through locally contracted service providers.
‘Tendele already has a transport contract with the Mpukunyoni Business Association (MBA), which uses only locally-owned vehicles and drivers.
‘It is believed that the MCPA trucks and drivers are not of local origin.
‘Mr Pearce’s actions are in breach of a court interdict secured by Tendele against Mr Pearce in July of this year as well as seriously undermining efforts in recent months to create an environment of ‘one team, one mine, one community’ and to create a Road Map Agreement between the Mine, the Traditional Authority, the Nkosi, the Municipality and the community to ensure collaboration, peace and stability within the area.
Repeat offenders
The MCPA is also in breach of an agreement signed last month with the company, in which it denounces violence and illegal activities.
‘Tendele will hold Mr Pearce and the MCPA liable for any damages suffered because of the illegal protest action,’ said the company.
‘Tendele remains committed to resolving this matter through discussion and negotiation, but will not hesitate to take legal action if necessary and will never do business with entities that resort to illegal or violent behaviour.’
The new court order is applicable with immediate effect until 25 January.
If the members interdicted do not successfully challenge the order, it will be made permanent.
Conditions forbid the association from interfering with the mine’s operations; blocking any entrances or roads leading to the mine; entering the mine without Tendele’s consent or threatening and intimidating contractors and employees.
Tendele has the backing of Mpukunyoni Traditional Council, Nkosi Myson Mkhwanazi, Mtubatuba Municipality, Mayor MQ Mkhwanazi and the Mpukunyoni Community Mining Forum.
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