SKM_28720050814180

This document consists of the Appellants' Practice Note and Heads of Argument filed in the Supreme Court of Appeal of South Africa on 8 May 2020. The Appellants, including the Global Environmental Trust and the Mfolozi Community Environmental Justice Organisation, are appealing a High Court judgment that found in favour of Tendele Coal Mining (Pty) Ltd. The appeal centers on whether Tendele's mining operations at the Somkhele Mine were conducted lawfully without specific environmental authorisations under the National Environmental Management Act (NEMA), municipal land use approvals, waste management licences, and permits for the relocation of community graves.

• The Appellants argue that the High Court erred in finding that the Mineral and Petroleum Resources Development Act (MPRDA) exclusively regulates the environmental impacts of mining. They contend that NEMA and the MPRDA must operate in tandem, and that an Environmental Management Plan (EMP) under the MPRDA is not equivalent to an environmental authorisation under NEMA.
• The Appellants assert that Tendele failed to obtain required environmental authorisations for listed activities under NEMA, which they argue is a violation of section 24 of the Constitution guaranteeing the right to a healthy environment.
• The Appellants challenge the High Court's ruling on land use, arguing that while 'grandfather clauses' might protect old operations, they do not apply to new mining rights. Specifically, they point to a mining right granted in 2016 for 'Areas 4 and 5' covering over 21,233 hectares, which they claim constitutes 'development' requiring approval under the KZN Planning Act and Mtubatuba SPLUMA By Laws.
• The Appellants contend that Tendele's denial of engaging in waste management activities is 'far-fetched' given the scale of its open-cast anthracite mining. They argue the High Court incorrectly abdicated judicial power by suggesting the legality of Tendele's conduct was implied by the Minister of Environmental Affairs' failure to act.
• The Appellants claim that Tendele unlawfully relocated traditional graves without the required prior written consent from the Amafa KwaZulu-Natal Heritage Council, as mandated by section 35 of the KZN Heritage Act.
• The Appellants seek a prohibitory interdict to stop Tendele's mining operations until all necessary authorisations, permits, and licences are obtained, and a declaration that Tendele's conduct is unconstitutional.

APA

Centre for Environmental Rights (n.d.). SKM_28720050814180. https://cer.org.za/wp-content/uploads/2020/10/08-05-2020-Appellants-Practice-note-and-HOA.pdf?x21779

Chicago

Centre for Environmental Rights. SKM_28720050814180. n.d. https://cer.org.za/wp-content/uploads/2020/10/08-05-2020-Appellants-Practice-note-and-HOA.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=SKM_28720050814180 |url=https://cer.org.za/wp-content/uploads/2020/10/08-05-2020-Appellants-Practice-note-and-HOA.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrightsndskm28720050814180, author = {{Centre for Environmental Rights}}, title = {{SKM\_28720050814180}}, institution = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2020/10/08-05-2020-Appellants-Practice-note-and-HOA.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }