Tendele Coal Mining (TCM) had vowed to conduct a comprehensive public participation process and has already compiled 27 additional specialist studies addressing some intended additional mining operations at the Somkhele mine, in KwaZulu-Natal.

This follows after the Pretoria High Court ruled in favour of TCM keeping its mining right and environmental management programme (EMPr) in place.

The court application brought on by Mfolozi Community Environmental Justice Organisation and others sought to set aside the mining right and EMPr, which serve as the basis for a ten-year extension of the life of the mine.

The setting aside of the mining right and the programme would have resulted in the closure of the mine.

Rather, the court ordered the two works be sent back to Mineral Resources and Energy Minister Gwede Mantashe for reconsideration, on the basis that they remain in force pending that determination.

The Somkhele mine has been in operation for more than 15 years, employing more than 1 200 people at full operation. The majority of the employees hail from the impoverished Mpukunyoni community.

Should the life of the mine be extended, more than R4.7-billion worth of benefits to the community around the mine would ensue, including procurement opportunities for local businesses and social and labour plan spend, TCM pointed out.

The mine would also contribute R2.5-billion in tax contributions and royalties over the extended ten-year period.

Leading up to the hearing, TCM conceded that there were irregularities in the process followed to obtain the mining right and EMPr.

The company would rectify the irregularities during the appeal process before the Minister, including by citing the already compiled studies for intended additional mining operations and launching a comprehensive public participation process.

TCM reiterated that it had never had to stop operations for any reason since 2006 and, in a prior interdict application, the applicant could not succeed in closing down the Somkhele mine.

The company said it was in good standing with all regulators and has never reported a fatality in its history.

TCM had been supported in the case by the Mpukunyoni traditional council, which represents 30 communities of the Mpukunyoni area.

The company had also been supported by the Association of Mineworkers and Construction Union and the National Union of Mineworkers.