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Centre for Environmental Rights - Advancing Environmental Rights in South Africa

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Mining

Global Environmental Trust, Mfolozi Community Environmental Justice Organisation and Mr Sabelo Dladla v Tendele Coal Mining (Pty) Ltd, Ingonyama Trust and others

CER as Amicus Curiae in re: Global Environmental Trust, Mfolozi Community Environmental Justice Organisation and Mr Sabelo Dladla v Tendele Coal Mining, Ingonyama Trust and others

In October 2018 judgment was handed down in a matter where the Global Environmental Trust, the Mfolozi Environmental Justice Organisation and Mr Sabelo Dladla (the Applicants) had applied for an interdict restraining Tendele Coal Mining (Pty) Ltd from continuing its coal mining operations at the Somkhele anthracite mine in KwaZulu-Natal near the border of the Hluhluwe-Imfolozi Nature Reserve. They had asserted that Tendele Coal Mining did not have all the necessary environmental authorisations required for its operations and that it was therefore mining illegally.

Finding that the mine did not lack the necessary environmental authorisations, the Court dismissed their application, and ordered the Applicants to pay the mine’s legal costs.   Global Environmental Trust, the Mfolozi Community Environmental Justice Organisation and Mr Sabelo Dladla have applied for permission to appeal that judgment.

CER takes issue with both the Court’s interpretation of the law as well as the costs order issued against the Applicants in circumstances where they acted in the public interest and sought to vindicate their constitutional rights. CER has therefore applied for leave to intervene as amicus curiae in the application for leave to appeal.

Section 24 of the Constitution of the Republic of South Africa, 1996

Everyone has the right to an environment that is not harmful to their health or well-being; and to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation; promote conservation; and secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

Report a Violation

National Environmental Crimes & Incidents Hotline (24 hours): 0800 205 005

In addition, there are a number of national and provincial hotlines that may be useful.

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