Global Environmental Trust and Others v Tendele Coal Mining (Pty) Ltd and Others

Tendele Coal Mining (Pty) Ltd operates the Somkhele anthracite mine in Mtubatuba, KwaZulu-Natal. Mining commenced in 2006 under valid mining rights and approved Environmental Management Programmes (EMPs) issued in terms of the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA). The appellants, environmental and community organisations, sought an interdict to stop Tendele’s mining operations, alleging that Tendele lacked various statutory authorisations, including environmental authorisation under s 24 of the National Environmental Management Act 107 of 1998 (NEMA), municipal land-use approvals, a waste management licence under the National Environmental Management: Waste Act 59 of 2008, and heritage approvals for the relocation of ancestral graves. Tendele contended that its operations were lawful under existing mining rights and EMPs and were protected by transitional provisions introduced with the ‘One Environmental System’ reforms that came into effect on 8 December 2014.

The appeal was dismissed, and the order of the KwaZulu-Natal Division of the High Court refusing the interdict was upheld.

The case is significant for clarifying the interaction between NEMA and the MPRDA, particularly the effect of transitional provisions associated with the One Environmental System. It affirms that pre-existing mining rights and approved EMPs can constitute deemed environmental authorisations under NEMA, providing legal certainty for mining operations commenced before 8 December 2014. The judgment also underscores the evidentiary burden on applicants seeking interdictory relief in environmental litigation.