Somkhele community tensions on the rise
Anti-mining activists are appealing the most recent mining right issued to Tendele Coal Mining Ltd
IN light of recent mining rights granted to Tendele Coal Mining’s Somkhele mine last year, the Mfolozi Community Environmental Justice Organisation (MCEJO) has submitted an internal appeal to the Director General of Mineral Resources against the decision.
According to MCEJO, the new mining rights would mean a mine expansion in excess of 200 square kilometres, resulting in unacceptable pollution and environmental degradation of the surrounding natural areas, including the neighbouring Hluhluwe-iMfolozi Park (HiP).
The organisation is challenging the mining rights, saying no environmental authorisations (EAs) were issued, that there was no consultation with interested and affected parties, and there was non-compliance with the KZN Heritage Act and National Heritage Resources Act.
‘The approval of a mining right involves various aspects to be considered, including, among others, consultation with Interested and Affected Parties (IAPs), and EAs,’ said Somkhele’s Chief Operating Officer, Jarmie Steyn.
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‘Both aspects have been covered extensively by the mine and necessary documentation submitted to fulfill the requirements of application for a mining right.’
Steyn said an independent legal opinion sought by Somkhele stated EAs were not required for National Environmental Management Act (NEMA) incidental activities prior to the NEMA effective date, for various reasons.
These reasons include that the MPRDA (Mineral and Petroleum Resources Development Act) did not require a mining right holder to obtain EAs in terms of NEMA prior to its effective date, and the impacts arising from all NEMA incidental activities undertaken, or intended to be undertaken by Tendele, are addressed in the Tendele Environmental Management Plan.
Consultations
Steyn said extensive community consultation has been undertaken with the traditional authority, municipalities and communities.
In some instances community members who have denied being consulted, have signed attendance registers at consultation meetings.
‘Since early 2016 we have had DMR facilitated community sessions within our area to assist with the setting up of representative community consultations.
‘Guided by this process, we have established a road map document with representatives of communities, NGOs and interest groups, and have established an all-inclusive structure called the Mpukunyoni Community Mining Forum (MCMF) where all parties can receive information.
‘It is sad that a company that has invested R1.3-billion into its hosting community, providing more than 1 000 employment opportunities in an area where poverty and unemployment rates are extremely high, and which falls within the most regulated industry in South Africa, is targeted by anti-mining activists who refuse to see any economic benefits and the bigger picture regarding the social aspects of mining.’
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