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Mfolozi Community Environmental Justice Organisation and Others v Tendele Coal Mining (Pty) Ltd and Others – Interim Interdict (13 July 2023)

13 July 2023

  • The judgment of the High Court, Kwazulu-Natal Division, Pietermaritzburg, can be found here.
  • Neutral citation: Mfolozi Community Environmental Justice Organisation and Others v Tendele Coal Mining (Pty) Ltd and Others (3518/2023P) [2023] ZAKZPHC 72 (13 July 2023)
  • Case number: 3518/2023 P
  • Coram: Koen J
  • Date delivered: 13 July 2023
  • Outcome: Application for interim interdict by MCEJO dismissed.

Summary

The Mfolozi Community Environmental Justice Organisation (MCEJO) sought an interim interdict against Tendele Coal Mining (Pty) Ltd  preventing it from undertaking or commencing with any mining and mining-related activities pending the outcome of Part B of the application. Part B was comprised of an application for a final interdict preventing mining activities before various processes relating to environmental impact assessments and public participation processes had been completed by the mine.

The dispute involved the parties various interpretations of the order of Bam J in her judgment in a related judicial review matter which had been handed down on 4 May 2022.

Judge Koen examined the requirements for an interim interdict and found that MCEJO had not satisfied two of the requirements (a prima facie right and no satisfactory alternative remedy).

No costs were awarded, and the application was dismissed.