Centre for Environmental Rights – Advancing Environmental Rights in South Africa

On 18 August 2021 the CER submitted a PAIA Request to the Department of Mineral Resources and Energy requesting the following:

In relation to Ikwezi Mining Limited’s operations in Newcastle, KwaZulu-Natal Province, copies of:

1. All current mining rights issued to Ikwezi Mining Limited under the Minerals and Petroleum Development Act 28 of 2002 for its Kliprand Colliery (previously called Ntendeka Colliery), Emoyeni coal beneficiation plant and Ngagane rail siding operations in Newcastle;
2. Environmental Authorisations under the National Environmental Management Act 107 of 1998;
3. Current Blasting Management Plan;
4. Current Social Labour Plan; and
5. Current Environmental Management Programme (EMPr).

Having received no response, CER submitted an PAIA Appeal on 4 October 2021 based on the DMRE’s deemed refusal. On 19 October 2021 the CER received notice from the DMRE that the request had been granted and instructed the CER to liaise with the Regional Office to obtain the records. The CER continued to request the documents from the KZN Regional Office unsuccessfully. On 28 April 2022 CER submitted a complaint to the Information Regulator. After correspondence between the Regulator, CER and the DMRE, the CER received the requested information and the complaint was closed on 15 September 2022.

• Mining Right issued to Ikwezi Mining (Pty) Ltd (signed on 11 June 2012)
• Social and Labour Plan July 2020 – June 2022 (dated 16 March 2020)
• Environmental Management Programme (EMPr) for Doornkop Colliery and DMRE approval letter of EMPr dated 11 June 2012

The DMRE indicated that no environmental authorisation issued under NEMA exists for this mine.