SKM_28720061815070

This document consists of the heads of argument filed on 17 June 2020 by four applicants (including the Mpukunyoni Traditional Council and labor unions) seeking admission as amicus curiae in an appeal before the Supreme Court of Appeal of South Africa. The applicants argue against a proposed interim interdict that would stop the mining operations of Tendele Coal Mining (Pty) Ltd, asserting that such a closure would cause disastrous socio-economic harm to the local community and the South African ferrochrome industry.

• The applicants argue that halting Tendele Coal Mining's operations would be financially ruinous and disastrous for the local community and employees, as it may not be viable for the mine to resume operations after a closure, regardless of the duration.
• Tendele Coal Mining is a critical supplier for the South African ferrochrome industry, providing approximately 80% of the required high-quality anthracite. A shutdown could force the industry to rely on more expensive imports and threaten the employment of roughly 20,000 people.
• The mine operates in a deep rural area with a population of about 220,000 and high unemployment. As of 2019, Tendele directly and indirectly employs over 1,500 people, with 80% originating from the local community.
• Community members and employees hold a 20% shareholding in Tendele following a 2015 BEE transaction, with the community owning 80% of that share and employees owning the remaining 20%.
• The applicants suggest that if the court finds Tendele's conduct unconstitutional, it should use its discretion under section 172(1)(b) of the Constitution to grant alternative remedies, such as a structural interdict or a suspension of the interdict, rather than closing the mine.
• The appellants in the case represent less than 2% of the community members, while the majority of the community supports the continuation of the mining operations.

APA

Centre for Environmental Rights (n.d.). SKM_28720061815070. https://cer.org.za/wp-content/uploads/2020/10/17-06-2020-Heads-of-ArgumentChronology-Table-Rule-10-and-10A.pdf?x21779

Chicago

Centre for Environmental Rights. SKM_28720061815070. n.d. https://cer.org.za/wp-content/uploads/2020/10/17-06-2020-Heads-of-ArgumentChronology-Table-Rule-10-and-10A.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=SKM_28720061815070 |url=https://cer.org.za/wp-content/uploads/2020/10/17-06-2020-Heads-of-ArgumentChronology-Table-Rule-10-and-10A.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrightsndskm28720061815070, author = {{Centre for Environmental Rights}}, title = {{SKM\_28720061815070}}, institution = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2020/10/17-06-2020-Heads-of-ArgumentChronology-Table-Rule-10-and-10A.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }