Judge ponders mine ruling
Case presents agonising dilemma for court over environmental impact and livelihood of workers
AHIGH court judge is yet to decide whether he should shut down a coal mine in Richards Bay over allegations that it does not have the required permits to operate and the negative impact it is having on the environment and communities living nearby.
But the judge also has to consider economic repercussions of curtailing the mine’s operations, especially the income earned by the mineworkers.
Judge Rishi Seegobin was expected decide the fate of Tendele Coal Mining’s Somkhele mine on Friday after environmental advocacy group Global Environment Trust (Get) applied to interdict its operations.
The packed gallery at the Pietermaritzburg High Court were divided on the outcome they wanted to hear. Residents from the Somkhele and Fuleni areas, who were bussed in, wanted Judge Seegobin to grant the interdict, while mineworkers were the bosses.
However, Judge Seegobin prolonged their angst. He said he needed more time to apply his mind before delivering a judgment because the matter was “fairly complex” and “complicated” as both legal teams had made compelling arguments.
Judge Seegobin said he needed about three months to finalise his judgment before adjourning the matter.
Get is the first applicant along with the Mfolozi Community Environmental Justice Organisation, and Sabelo Dladla, a resident living near the mine.
During proceedings, Tendele denied any wrongdoing and said Get was not co-operative and its case lacked legal substance.
Get’s lawyer, Alistair James Dickson, argued that Tendele did not have the necessary authorisation from the municipality and was harming the environment with its operations, which also presented potential health problem for firmly behind residents.
“We submit that using the land without adhering to legalities is a criminal offence. Only the municipality can grant permission to planning and development of the land, not anybody else,” said Dickson.
He also claimed that Tendele had disregarded human rights issues by subjecting the affected communities in the greater Mpukunyoni area to poverty because their subsistence was badly hampered by the mining.
The mine’s fences blocked residents’ access to grave sites they had been using for generations.
On health issues, Dickson alleged that the mine generated dust and noise pollution.
He also said toxic waste excreted by the mine was detrimental to the people and livestock. “We’re asking that operations be halted at the mine until further compliance is approved,” Dickson said.
But Judge Seegobin reminded Dickson that the economy of the country was in shambles and the total shutdown of the mine would add to the high level of unemployment.
“I do not think it is as simple as that. The impact of such an order is going to be so great for the community. It will also affect the markets in general, with employees losing their jobs.”
Judge Seegobin suggested that the court could not just take a decision to shut down the mine but would consider an order to suspend certain areas of the mine, while further negotiations on compliance issues continued.
“A total shutdown will be obviously detrimental to the economy,” explained Judge Seegobin.
Tendele’s lawyer, Peter Lazarus, also said that the closure of the mine would have adverse repercussions on the economy and workers.
“We dispute that our operation has been unlawful. Our operations took place under valid mining rights according to the Environmental Management Programmes and granted by the Department of Mineral Resources in 2007,” Lazarus said. He further argued that Tendele had solid ground to dispel the interdict.
After the hearing, Tendele chief executive Jan Christoffel du Preez said job opportunities were critical in South Africa to boost the fading economy.
“We need to find a way to attract foreign revenue… We have created partnerships with these communities.”
Get spokesperson Sheila Berry said she was confident the judgment would be in their favour. She said it wasn’t true that mines played an important social and economic role by providing jobs for poor rural communities.
“Rural farming communities in Africa have sustained themselves on their land for countless generations and continue to do so.”
Dladla was unhappy with the postponement. He said the community was not consulted when the mine opened in 2007. “The mine has divided the community, others have been promised jobs and cash.”