second-respondents-answering-affidavit-938e00edf723528f.pdf

This document is an answering affidavit filed by Uthaka Energy (Pty) Ltd (the Second Respondent) in the High Court of South Africa, Mpumalanga Division. The affidavit opposes a review application brought by several environmental organizations (the Applicants) who seek to overturn a decision by the MEC for Agriculture, Rural Development, Land and Environmental Affairs of Mpumalanga to exclude four properties from the Mabola Protected Environment Area to allow for underground coal mining.

• Uthaka Energy (Pty) Ltd, a foreign company from India, has invested over 800 million rand into the project over a 10-year period but has not yet extracted any coal due to bureaucratic delays and legal challenges.
• The Second Respondent argues that the environmental concerns raised by the Applicants, specifically regarding water sources, have been addressed and debunked by the Water Tribunal, which granted a water use license subject to strict conditions.
• The proposed mining is designed as an underground operation, which the Second Respondent claims will have minimal impact on surface biodiversity and bird migratory patterns compared to open-cast mining.
• The Second Respondent asserts that the mine will provide significant socio-economic benefits to the impoverished local community, including the creation of at least 576 direct jobs at the outset.
• The affidavit characterizes the Applicants as part of a 'Green Lobby' funded by foreign entities, such as the European Union, whose primary goal is the total eradication of coal mining regardless of local economic needs.
• The Second Respondent maintains that the MEC's decision to exclude the properties from the protected area was lawful, rational, and based on a balance between environmental protection and the need for economic development.
• The document denies allegations of corruption involving the Zuma family, stating that the minority shareholders named Zuma are not related to former president Jacob Zuma.
• The Second Respondent argues that South Africa's reliance on coal for energy stability makes the mine critical for the public interest, especially given the current load shedding crisis.

APA

Centre for Environmental Rights (n.d.). second-respondents-answering-affidavit-938e00edf723528f.pdf. https://cer.org.za/wp-content/uploads/2023/05/Second-Respondents-Answering-Affidavit.pdf?x21779

Chicago

Centre for Environmental Rights. second-respondents-answering-affidavit-938e00edf723528f.pdf. n.d. https://cer.org.za/wp-content/uploads/2023/05/Second-Respondents-Answering-Affidavit.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=second-respondents-answering-affidavit-938e00edf723528f.pdf |url=https://cer.org.za/wp-content/uploads/2023/05/Second-Respondents-Answering-Affidavit.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrightsndsecondrespondentsansweringaffidavit938e00edf723528fpdf, author = {{Centre for Environmental Rights}}, title = {{second-respondents-answering-affidavit-938e00edf723528f.pdf}}, publisher = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2023/05/Second-Respondents-Answering-Affidavit.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }