South Africa: A Step Closer for Community Seeking Justice Against Tendele Coal Mining

On 2 June 2025, the Mfolozi Community Environmental Justice Organisation (MCEJO) together with the Global Environmental Trust (GET), Mining Affected Communities United in Action (MACUA), ActionAid South Africa, (ActionAidSA), and the Southern Africa Human Rights Defenders Network (SAHRDN) obtained a court order from the Pietermaritzburg High Court setting out the agreed deadlines by which Tendele Coal Mining (Pty) Ltd and the other opposing respondents must file their answering papers.

This has been an uphill battle since 18 March 2025, when Part B papers were served on the respondents. As per the Rules of Court, answering affidavits were due on 29 April, but Tendele requested an additional two months to submit.

The Mpukunyoni Business Association (MBA), a company registered in May 2025 and which advised of its intention to intervene in the matter in April 2025, was represented in court to submit intervention papers.

The parties agreed to the inclusion of the MBA and timeframes by which to file further papers. The timeframes were made an Order of Court, which will, hopefully, prevent more delays. Leave to approach the Judge President for an expedited hearing was also granted.

In the meantime, Tendele continues its mining operations to the severe detriment of the residents of Emalahleni village. Satellite imagery dated 25 March 2025 shows the massive environmental destruction in the area, with activities having now commenced in the village of Ophondweni. Tendele continues with weekly blasting, even though families are living within 500 meters of the blasting zone. The failure to resettle these families places them at continued risk and violates both legal and ethical obligations.

MCEJO and the other non-profit organisations are pursuing Part B of their court application to interdict Tendele from continuing mining in three new villages in northern KwaZulu-Natal until it has complied with a judgment handed down in May 2022.

"The delays orchestrated by Tendele and other respondents while our clients suffer daily are an abuse of the legal system. As frustrating as it is to have to approach court for orders such as this one, we hope that this will ensure these dates will be complied with and we will be given an expedited hearing. We are one step closer to justice, which has been a long time coming."