The Supreme Court of Appeal (SCA) on February 9 dismissed an appeal brought by the Mfolozi Community Environmental Justice Organisation Somkhele (MCEJO), the Global Environmental Trust and Sabello Dladla against a 2018 judgment of the KwaZulu-Natal High Court regarding Petmin's Somkhele mine.

Metallurgical anthracite producer Petmin’s Somkhele mine, 85 km northwest of Richards Bay in KwaZulu-Natal, is operated by its 80%-owned subsidiary Tendele Coal Mining.

Before the case was heard, Dladla, an MCEJO committee member and a member of the Mpukunyoni community, withdrew as an appellant as he no longer supported the appeal.

The appellants asserted that the Somkhele mine was operating without certain statutory authorisations and asked the SCA to interdict the mine from continuing with its operations.

In dismissing the appeal, the SCA found, among other factors, that the appellants failed to plead essential facts demonstrating that Tendele was conducting listed activities that would require an environmental authorisation in terms of the National Environmental Management Act (Nema) and, therefore, determined that it was unnecessary for the court to interpret the provisions of Nema.

The SCA also found that Tendele did not require municipal approval for land use under the Spatial Planning and Land Use Management Act or a waste management licence under the National Environmental Management: Waste Act, because of certain transitional arrangements in these statutes.

Tendele said in a February 10 statement that it was pleased with the overall finding, which allowed its mining operations to continue without disruption.

It noted its pleasure that the court recognised the importance of the mine to the area’s economic development.

“Tendele commits to continuing to work with all stakeholders to find mutually beneficial solutions to ensure the long-term future of the mine, ensuring the continuing economic development of the community with due regard for the rights of community members and observing good environmental management,” the company said.

A review application brought against the decision of the Mineral Resources and Energy Minister to grant to Tendele a mining right to operate and expand the Somkhele mine, however, has yet to be resolved.

Tendele has opposed the review application, but said it remains hopeful that this matter can be resolved cordially through dialogue, positing that the closure of the mine would pose a significant and devastating impact on the surrounding community.

The other factor needing resolution before the expansion of the mine can proceed is the finalisation of relocation agreements with families that would need to be resettled to allow for the expanded operations.

Agreements had been signed with 133 of the 143 affected families. An independent mediation process was under way to try and resolve these matters with the remaining ten families, said Tendele.