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

A case study regarding a legal challenge by the Global Environmental Trust and others against Tendele Coal Mining (Pty) Ltd, where the High Court of South Africa dismissed an application to stop coal mining operations near the Hluhluwe-Imfolozi Nature Reserve.

• The High Court of South Africa dismissed an application for an interdict to stop Tendele Coal Mining (Pty) Ltd from mining near the Hluhluwe-Imfolozi Nature Reserve, ruling that the company did not require separate environmental authorisation because its environmental management programme (EMPR) approved under the Mineral and Petroleum Resources Development Act, 2002 (MPRDA) was deemed to be environmental authorisation.
• The Court ruled against the applicants on three additional points: it found that no municipal consent was needed for mining as no town planning or land use scheme was in place when operations began; it determined that a waste management licence was not required under the circumstances; and it found the applicants failed to show a reasonable apprehension that Tendele would continue to relocate or exhume traditional graves without statutory requirements.
• The Court dismissed the application with costs and did not apply section 32(2) of the National Environmental Management Act (NEMA) or the principle from the Biowatch Trust case. However, the applicants were granted leave to appeal to the Supreme Court of Appeal, with the Centre for Environmental Rights admitted as amicus curiae.

APA

Melissa (2018). Global Environmental Trust and others v Tendele Coal Mining (Pty) Ltd and others. Centre for Environmental Rights. https://cer.org.za/virtual-library/judgments/high-courts/global-environmental-trust-and-others-v-tendele-coal-mining-pty-ltd-and-others-2

Chicago

Melissa. Global Environmental Trust and others v Tendele Coal Mining (Pty) Ltd and others. Centre for Environmental Rights, 2018. https://cer.org.za/virtual-library/judgments/high-courts/global-environmental-trust-and-others-v-tendele-coal-mining-pty-ltd-and-others-2.

Wikipedia

{{cite report |last1=Melissa |title=Global Environmental Trust and others v Tendele Coal Mining (Pty) Ltd and others |publisher=Centre for Environmental Rights |date=20 November 2018 |url=https://cer.org.za/virtual-library/judgments/high-courts/global-environmental-trust-and-others-v-tendele-coal-mining-pty-ltd-and-others-2 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{melissa2018global, author = {Melissa}, title = {{Global Environmental Trust and others v Tendele Coal Mining (Pty) Ltd and others}}, institution = {Centre for Environmental Rights}, year = {2018}, month = nov, url = {https://cer.org.za/virtual-library/judgments/high-courts/global-environmental-trust-and-others-v-tendele-coal-mining-pty-ltd-and-others-2}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }