eyesizwe-coal-zoekop-blyvooruitzicht-b164103aae034229.pdf

This case study examines the application processes for prospecting and mining rights for coal on the farms Zoekop, Blyvooruitzicht, and Leewbank in the Belfast district of Mpumalanga. It highlights systemic failures in public participation, discrepancies in property designation, and the disregard of environmental constraints and state department objections by the Department of Mineral Resources (DMR) and the applicants, Eyesizwe Coal (Pty) Ltd and Exarro Coal Mpumalanga (Pty) Ltd.

• The prospecting right application process was marked by insufficient public participation and a lack of transparency. The Escarpment Environmental Protection Group (EEPOG) received no notification of the application despite the awareness of both the applicant and the Department of Minerals, and the consultation process with landowners was described as being 'strongly framed in favour of Eyesizwe' through the use of declarations that limited the scope of consultation.
• There were significant discrepancies regarding the land area designated for prospecting. While the application was for portions 1 through 8 of the farm Zoekop 426 JS, the granted right included portion 10. The mining company claimed portion 10 was included in portion 3, but this was not ascertainable during the public consultation process.
• The Department of Mineral Resources (DMR) granted the prospecting right and approved the Environmental Management Plan (EMP) despite objections from the Mpumalanga Tourism and Parks Agency (MPTA) and EEPOG. The MPTA had identified the area's biodiversity as 'highly significant', noting that surface mining should be excluded.
• The approved EMP contained critical gaps and contradictions. It failed to mention perennial pans and a seasonal wetland extending 10km from north to south-east. Additionally, the EMP contradicted itself regarding water extraction, stating at one point that no water would be extracted from streams or pans, while later stating that drilling water would be sourced from open pans.
• The prospecting activities authorized by the DME violated the National Water Act 36 of 1998. The EMP specified drilling operations between 16–30m from open water and camp sites within 50m of water resources, contradicting regulation 4 of the NWA which prohibits such processes within 100m of a water resource without an exemption.
• The application for a mining right by Exarro Coal Mpumalanga (Pty) Ltd exhibited similar failures in public participation. A scoping report was finalized only two days after a public meeting, and consultants used 'consent forms' that were described as 'intimidatory'. Furthermore, an independent review found that the Environmental Management Programme Report (EMPR) failed to explain how anticipated impacts would be managed or mitigated.
• Legal challenges to the prospecting right led to a judicial review in the North Gauteng High Court. However, the case did not reach a full resolution on the systemic issues because Eyesizwe and the Department of Mineral Resources withdrew their defence, while simultaneously preparing a mining right application.

APA

Centre for Environmental Rights (n.d.). eyesizwe-coal-zoekop-blyvooruitzicht-b164103aae034229.pdf. https://cer.org.za/wp-content/uploads/2011/12/Eyesizwe-Coal-Zoekop-Blyvooruitzicht.pdf?x21779

Chicago

Centre for Environmental Rights. eyesizwe-coal-zoekop-blyvooruitzicht-b164103aae034229.pdf. n.d. https://cer.org.za/wp-content/uploads/2011/12/Eyesizwe-Coal-Zoekop-Blyvooruitzicht.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=eyesizwe-coal-zoekop-blyvooruitzicht-b164103aae034229.pdf |url=https://cer.org.za/wp-content/uploads/2011/12/Eyesizwe-Coal-Zoekop-Blyvooruitzicht.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrightsndeyesizwecoalzoekopblyvooruitzichtb164103aae034229pdf, author = {{Centre for Environmental Rights}}, title = {{eyesizwe-coal-zoekop-blyvooruitzicht-b164103aae034229.pdf}}, institution = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2011/12/Eyesizwe-Coal-Zoekop-Blyvooruitzicht.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }