Somkhele Anthracite Mine
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. The Applicants 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 High 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 applied for permission to appeal that judgment.
CER took issue with both the High Court’s interpretation of the law as well as the costs order against the Applicants in circumstances where they acted in the public interest and sought to vindicate their Constitutional rights. CER therefore applied for leave to intervene as amicus curiae in the application for leave to appeal, the hearing of which was held in September 2019.
The CER was granted permission to be admitted as amicus in the leave to appeal application and the applicants were granted permission to appeal the judgement in the Supreme Court of Appeal.
An additional amicus curiae, consisting of the Mpukunyoni Traditional Council, Mpukunyoni Community Mining Forum, Association of Mine Workers and Constructions Union and the National Union of Mine Workers, was also admitted in the matter.
The SCA appeal was heard on 3 November 2020 and we are currently awaiting judgement.
- CER’s application for leave to intervene as amicus curiae (19 February 2019)
- Tendele Coal Mining (Pty) Ltd’s answering papers in the amicus application (8 March 2019)
- Applicants’ Notice of Application for Leave to Appeal to the Supreme Court of Appeal (11 December 2018).
- First Respondent’s Heads of Argument (3 September 2019).
- Applicants’ Heads of Argument in the application for leave to appeal (11 September 2019).
Judgment on Application for CER to intervene as Amicus and Application for Leave to Appeal in the High Court (17 September 2019). Judge Seegobin of the Kwazulu-Natal High Court (Pietermaritzburg Division) ordered that:
- The CER is granted leave to intervene in the proceedings as Amicus Curiae;
- The Applicants and CER are granted leave to appeal to the Supreme Court of Appeal; and
- The costs of the application for leave to appeal will be costs in the appeal.
Pleading in the Supreme Court of Appeal
- Global Environmental Trust (First Appellant) Practice Note, List of Authorities, Heads of Argument, Certificate in terms of Rule 10 and Chronology of Events (8 May 2020)
- Tendele Coal Mining (Pty) Ltd (First Respondent) Certificate, Practice Note and Heads of Argument (8 June 2020)
Centre for Environmental Rights’ Amicus papers
- Amicus Practice Note, Heads of Argument, List of Authorities and Certificate under Rule 10 of the Rules of the Supreme Court of Appeal (1 July 2020)
- First Respondent (Tendele) Heads of Argument in Response to CER’s Heads of Argument (22 July 2020)
Additional applications for admission of amici
- Notice of Motion and Founding Affidavit (15 June 2020)
- Heads of Argument, Chronology Table and Certificate under Rule 10 and 10A (17 June 2020) (application to intervene as amicus)
- Practice Note and List of Authorities (17 June 2020)
- Index and Applicants Submissions to court aquo (17 June 2020)
- Heads of Argument (17 August 2020)