APPEAL DECISION

The Water Tribunal of South Africa dismissed an appeal by Thungela Operations (Pty) Ltd against the Department of Water and Sanitation's decision to refuse a Water Use Licence (WUL) for the Palmietkuilen Mining Operation. The Tribunal found that the applicant failed to provide sufficient geohydrological and geochemical data to ensure effective long-term mitigation of water pollution, particularly regarding post-closure acid mine drainage (AMD) and the permanent loss of wetlands.

• The Water Tribunal dismissed the appeal by Thungela Operations (Pty) Ltd, upholding the decision to refuse a Water Use Licence (WUL) for the Palmietkuilen Mining Operation, a proposed coal mine with an estimated life of 53 years.
• The Tribunal determined that the applicant provided insufficient geohydrological data from within the open pit area, which compromised the confidence level of the groundwater flow and transport models used to predict impacts and design mitigation measures.
• There is a high risk of post-closure water pollution, with contaminated water expected to decant to the surface approximately 35 years after mine closure and continue for up to 100 years. The Tribunal found the proposed passive water treatment system and the use of calcitic lime insufficient to manage this long-term risk.
• The project would cause irreversible loss of wetland habitats, totaling approximately 232.23 hectares (5.58 ha for infrastructure and 226.65 ha for the open pit). The Tribunal noted that the appellant failed to consider biodiversity offsets despite recommendations from its own specialists.
• The Tribunal found that the appellant failed to properly apply for exemptions from Regulation GN704, which prohibits opencast mining within certain distances of watercourses, providing no substantiated motivation for such exemptions within the WUL application.
• The socio-economic benefits of the mine were judged to be negligible compared to the permanent loss of a thriving agricultural economy in the area. The Tribunal noted that mining contributed only 0.6% to the local municipality's GDP and created only 377 jobs based on a 2016 study.
• The Tribunal highlighted a 'fatal flaw' in the application: the failure to consider the impacts of climate change on groundwater levels, infiltration, and the long-term socio-economic viability of a 53-year coal project in alignment with national low-carbon trajectories.
• The project was found to aggravate cumulative negative impacts in the Witwatersrand area, where water resources are already degraded. The Blesbokspruit, which receives approximately 100 million litres of neutralised AMD daily from historical mining, would be further jeopardized.
• The Tribunal concluded that the financial provisions made by the appellant were insufficient to address the critical water treatment and pollution prevention needs required 35 years post-mining.

APA

Centre for Environmental Rights (2023). APPEAL DECISION. https://cer.org.za/wp-content/uploads/2023/05/Thungela-v-DWS-Water-Tribunal-April-2023.pdf?x21779

Chicago

Centre for Environmental Rights. APPEAL DECISION. 2023. https://cer.org.za/wp-content/uploads/2023/05/Thungela-v-DWS-Water-Tribunal-April-2023.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=APPEAL DECISION |date=26 April 2023 |url=https://cer.org.za/wp-content/uploads/2023/05/Thungela-v-DWS-Water-Tribunal-April-2023.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrights2023appeal, author = {{Centre for Environmental Rights}}, title = {{APPEAL DECISION}}, institution = {Centre for Environmental Rights}, year = {2023}, month = apr, url = {https://cer.org.za/wp-content/uploads/2023/05/Thungela-v-DWS-Water-Tribunal-April-2023.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }