tendele_heads-of-argument_application-for-leave-to-appeal-9e8a521160fcb459.pdf

This document contains the heads of argument for an application for leave to appeal a High Court decision regarding the legality of mining operations conducted by Tendele Coal Mining (Pty) Limited. The applicants argue that the mining company failed to obtain necessary environmental authorizations under the National Environmental Management Act (NEMA), violated town planning legislation for new mining areas, operated without a required waste management license, and unlawfully relocated traditional graves.

• The applicants argue that Tendele Coal Mining was legally required to obtain an environmental authorization under section 24 of the National Environmental Management Act (NEMA), and that the failure to do so was "fatal". They contest the lower court's finding that the Mineral and Petroleum Resources Development Act (MPRDA) exclusively governed environmental authorization for mining prior to December 2014.
• The applicants contend that the lower court erred in its application of the KwaZulu Natal Planning and Development Act and the Spatial Planning and Land Use Management Act (SPLUMA). While the court used 'grandfather clauses' to shield existing operations, the applicants argue this should not apply to a mining right granted in 2016 covering 21,233 hectares, which they claim constitutes a "material change" and a "development".
• The applicants challenge the court's ruling on waste management licenses, arguing that the judge improperly abdicated judicial function to the government by suggesting that Tendele's conduct was lawful because the Minister of Environmental Affairs had not yet called upon the company to apply for a license.
• The applicants assert that Tendele Coal Mining unlawfully altered and removed traditional graves without authorizations from the Heritage Council. They argue that the legality of these relocations must be decided by the Act, not by whether the Heritage Council or affected families were satisfied with the process.
• The applicants argue that Tendele Coal Mining failed to provide a genuine dispute regarding whether its operations triggered NEMA listing notices, despite the company's scale as a "principal supplier of anthracite to ferrochrome producers in South Africa".

APA

Centre for Environmental Rights (n.d.). tendele_heads-of-argument_application-for-leave-to-appeal-9e8a521160fcb459.pdf. https://cer.org.za/wp-content/uploads/2019/09/Tendele_Heads-of-Argument_Application-for-Leave-to-Appeal.pdf?x21779

Chicago

Centre for Environmental Rights. tendele_heads-of-argument_application-for-leave-to-appeal-9e8a521160fcb459.pdf. n.d. https://cer.org.za/wp-content/uploads/2019/09/Tendele_Heads-of-Argument_Application-for-Leave-to-Appeal.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=tendele_heads-of-argument_application-for-leave-to-appeal-9e8a521160fcb459.pdf |url=https://cer.org.za/wp-content/uploads/2019/09/Tendele_Heads-of-Argument_Application-for-Leave-to-Appeal.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrightsndtendeleheadsofargumentapplicationforleavetoappeal9e8a521160fcb459pdf, author = {{Centre for Environmental Rights}}, title = {{tendele\_heads-of-argument\_application-for-leave-to-appeal-9e8a521160fcb459.pdf}}, institution = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2019/09/Tendele_Heads-of-Argument_Application-for-Leave-to-Appeal.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }