Climate and Environmental Justice for people whose rights have been, are being, or will be infringed by programmes, policies or developments that:
- cause, or have the potential to cause, significant environmental degradation and pollution;
- contribute significantly to climate change; and/or
- counter and/or prevent the adaptations necessary to combat the effects of climate change.
Projects:
Tendele Coal Mining (Pty) Ltd, a subsidiary of Petmin, has been operating the Somkhele open coal cast mine in northern KwaZulu-Natal, South Africa, since 2007. The mine is located on Ingonyama Trust land under the Mpukunyoni Traditional Authority and is situated between the Hluhluwe-iMfolozi Park and the town of Mtubatuba in KwaZulu-Natal, South Africa.
We represent Mfolozi Community Environmental Justice Organisation (MCEJO), comprising over 3,000 community members, to challenge the mining rights in the Mpukunyoni area held by Tendele. We also represent MCEJO and Global Environmental Trust (GET) in the licence application processes, including EIAs for environmental authorisation and waste management licences and associated appeals, as well as in matters relating to compliance.
Find details in this link on the Background of Somkhele Coal Mine, KZN.docx.pdf
Interdict Application: High Court -> Supreme Court -> Constitutional Court.
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- October 2017: Interim interdict application filed in Pietermaritzburg High Court to halt Tendele’s mining for lack of environmental and other permits.
- August 2018
- October 2018: Seegobin Judgment favoured Tendele
- February 2019: Centre for Environmental Rights submits application for Amicus Curiae CER Amicus Curiae Application 2019 02 19
- August 2019: GET & MCEJO Application for Leave to Appeal
- September 2019: Leave to appeal granted by High Court due to conflicting judgments and public interest. Order made by Seegobin J
- October 2017-October 2019 SCA Papers:
- November 2020 – Feb 2021: Supreme Court of Appeal dismissed appeal (3–2 split); majority avoided core legal issue; dissent supported applicants’ case.
- March 2021: All Rise filed a Constitutional Court appeal.
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- January 2022: Constitutional Court dismissed the application for leave to appeal.
Find more details on the 2017 Interdict Application here.
High Court Review of 2016 Mining Right
- November 2018: MCEJO and others file a review application in the North Gauteng High Court to set aside Tendele’s 2016 Mining Right, EMP approval, and appeal decision.
- 2018 Review Application MCEJO Founding Affidavit 2018-11-14.pdf
- 2019 MCEJO Second Supplementary Founding Affidavit
- 2020 Third Supplementary Founding Affidavit
- Respondents’ Answering Affidavits:
- Applicants’ Replying Affidavits:
- 2021 Tendele Third Supplementary Answering Affidavit
- Heads of Argument:
Resubmitted Appeal against 2016 mining right to the Minister of DMRE as per Judge Bam’s Order in the Review Application
- 14 April 2025: 2025 04 14 Appeal To Minister Ito Bam Order Tendele Mining Right & EMPR.
- 14 July 2025: Tendele’s appeal submission to the Minister
Find more details on the 2025 Appeal of Tendele’s Updated Mining Right Application here.
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- December 2020 – March 2021: Tendele files (then abandons) a Rule 7 application questioning legal representation. A MCEJO splinter group tries to withdraw the main case—court rejects both.
- Rule 7 Application papers:
- Splinter Group’s “withdrawal application”:
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- 2021 Declarator withdrawal application
- 2021 Tendele answering affidavit – Withdrawal Application 08 03 2021.pdf
- 2021 Answering Affidavit Kirsten May Youens in withdrawal application
- 2021 Splinter Group Replying affidavit in withdrawal application
- 2021 Tendele’s supplementary affidavit 16 03 2021 FINAL.pdf
- 2021 Splinter Group’s Replying Affidavit and Annexures.pdf
- 2021 HOA in Declarator: Withdrawal Application of Applicant in Main Application and Ya (Improperly Cited As 1st Resp)
- 2021 Youens and MCEJO Heads of Argument in withdrawal application
- 2021 Splinter Group’s Heads of Argument.pdf
- 2021 Tendele’s heads of argument – Withdrawal application 17 03 2021.pdf
- 2021 Judgment of withdrawal application
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- March 2021: an urgent application was launched by four organisations to intervene and be joined as applicants in the main review application (“intervention application”).
Both the urgent “intervention application” and the “withdrawal application” were heard on 18 March, before Kubushi J. Judgment was handed down on 28 April, granting the fo
Urgent Interim Interdict Part A (2023) and Part B (2025) Application
- 6 March 2023: MCEJO the Applicants Paginated founding papers.pdf
- 5 April 2023: Tendele Answering Affidavit Commissioned_paginated.pdf
- April 2023: 5th-8th Answering Affidavit and Annexures.pdf
- 4 April 2023: MCEJO Replying Affidavit with annexures
- 29 May 2023: Tendele Heads of Argument.pdf
- 29 May 2023: Fifth to Eight Respondents’ Heads of Argument.pdf
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- 13 July 2023: Koen J’s judgment.pdf
- 18 March 2025:
- 2 June 2025:
- Order taken by agreement to specify dates for filing of papers, to add The Mpukunyoni Business Association as the 9th respondent and leave to approach the Judge President for expedited hearing dates: Court Order – 4 June 2025.pdf
- 30 June 2025:
- 31 July 2025: MCEJO Part B Replying Affidavit 1842-1950.pdf
Fact sheets on Part A and Part B of this application can be found below:
- Part A of the Urgent Interim Interdict Application 2023.docx.pdf
- Part B of the Urgent Interdict Application 2025.docx.pdf
Administrative Appeal of Water Use Licence
- 9 July 2020: Tendele WUL 9 July 2020.pdf
- 3 November 2021: 2021 11 03 WULA APPEAL MCEJO & GET FINAL.pdf
Tendele Draft EIA Report 2024
- May 2024: Draft EIA Report Tendele for distribution with ZULU.pdf
- 16 July 2024: MCEJO et al Comments on DEIAR May 2024.pdf
The proposed area for prospecting is on the western boundary of the Hluhluwe-iMfolozi Park (HiP), the oldest protected area in Africa, set aside in 1895 as a sanctuary for the Southern White rhino, thought to be extinct at that time. HiP is situated in northern KwaZulu-Natal, South Africa.
The prospecting right was submitted by Yengo (Pty) Ltd for coal on the portions applied for on the whole of farm Ximba 16506. Proposed activities involve the making of access roads to specific borehole sites, drilling of diamond core boreholes, erecting temporary site camps and digging of temporary water sumps.
Our clients:
- Global Environmental Trust
- Mining Affected Communities United in Action (MACUA)
We submitted comments on the prospecting application on 6 June 2022. Environmental Authorisation was granted on 22 February 2023. In 2025, Yengo applied for an amendment of the Environmental Authorisation to its prospecting right. We, on behalf of our clients, again submitted objections and comments on this amended application on 31 January 2025.
Submissions:
- 6 June 2022:
- 31 January 2025: 2025 01 31 All Rise comments on Yengo draft BAR.pdf
- 7 February 2025: Yengo Ximba_ALLRISE Response letter.pdf
Fuleni is a large rural area on the southern border of the iMfolozi Wilderness area of the Hluhluwe-iMfolozi Park (HiP) in KwaZulu-Natal, South Africa. Several prospecting applications have been submitted for the Fuleni area over the last ten years. The Fuleni community has stood strong and united in defence of their land against numerous coal mining threats. The first application that the community opposed was made by Ibutho Coal in 2014. The DMRE rejected it. In 2018, Imvukuzane Resources submitted an application for a prospecting right. This application was also opposed by our clients.
The application was revived in 2022, and we submitted comments on the prospecting application in June 2022. On 2 February 2023, the Department of Mineral Resources and Energy (DMRE) granted Imvukuzane an environmental authorisation (EA) for 55 prospecting drilling sites.
Imvukuzane is part of Canyon Coal, a subsidiary of private investment company Menar, headed by Mr Vuslat Bayoglu. Zululand Anthracite Colliery is also owned by Canyon Coal and has a bad reputation for being a major polluter of the environment. The mine was responsible for poisoning the Mfolozi River in December 2021. Although the prospecting licence application was accepted and granted by the DMRE, there were conditions. One of these conditions is that the licence is for non-invasive activities, which limits the activities for prospecting. The prospecting licence is valid until August 2028.
Our clients:
- Mfolozi Community Environmental Justice Organisation (MCEJO), comprising over 3,000 community members
- Global Environmental Trust
- Mining Affected Communities United in Action (MACUA)
Submissions:
- 17 June 2022: 2022_6_17 Letter to GCS – MCEJO.pdf
- 17 June 2022: 2022 6 17 Fuleni draft BAR comments.pdf
On the 30th of May 2025, Saqondisana Investments submitted a scoping report in support of a prospecting right application in the Fuleni area. This is in spite of the fact that the Imvukuzane application is still pending. We, like most interested and affected parties, were not informed of the EIA process until after the application had been submitted.
Jindal Iron Ore (Pty) Ltd (Jindal) is owned by Jindal Steel and Power (Mauritius) Limited (74%) and a South African BBBEE partner, Mr. Thabang Khomo (26%). Jindal is applying for a mining right for its “Melmoth Iron Ore Project” (MIOP) to mine iron ore in two proximate areas – North Block and South Block – totalling a mining area of 25,800ha within the Mthonjaneni and Umlalazi Local Municipalities, KwaZulu-Natal, South Africa. Jindal had previously prospected in these two areas for which it held prospecting rights (PR 10644 and PR 10652) but suspended the project in 2016. Jindal restarted the Mining Right Application process in 2021.
Simultaneously, Jindal is applying for environmental authorisation and a waste management licence for the first phase of the MIOP which includes a large open pit iron ore mine, processing facility and tailings dams which will receive the waste from the processing plant. This is Jindal’s third application process and the current Environmental Assessment Practitioner it has appointed to undertake the EIA process and the associated public participation process is TSHIFCOR Investment and Resources (Pty) Ltd.
Our clients:
- South Durban Community Environmental Alliance, Durban office (“SDCEA”)
- Nkwaleni Water User Association (“NWUA”)
- Nkwalini and Surrounds Supporting Sustainable Rural Development community organisation (“NSSSRD”)
- Felixton Canegrowers Association
Submissions and decisions:
- 11 September 2023: 2023 9 11 All Rise comments Jindal draft EIA Report.pdf
- 29 January 2024: 2024 01 29 DMRE Decision.pdf
- 19 August 2024: 2024 08 19 All Rise Comments on draft Scoping Report Jindal MIOP.pdf
- 13 November 2024: 10130MR – DMRE response to All Rise (Email 13-11-2024).pdf
- 28 February 2025: 2025 02 28 All Rise Comments on draft SR Jindal.pdf
Find more details in the Jindal Fact Sheet
Zululand Anthracite Colliery (Pty) Ltd (ZAC), currently owned by the mining investment company Menar, started mining anthracite (high quality coal) in northern KwaZulu-Natal in 1987. ZAC holds two mining rights over an area totalling 262 km2 (26,231 ha) which extends over three traditional authority areas – Mandlakazi, Matheni and Usuthu.
Our client:
- Global Environmental Trust (GET)
Submissions:
- Appeal and Response Report of EA for Mngeni Adit:
The proposed Musina Makhado Special Economic Zone (“MMSEZ”) development is a Chinese-funded “megacity” in Limpopo Province, driven by the Limpopo Provincial government. The entire project spans over 60 km² of land in total. The MMSEZ has been sanctioned as a “China-Africa capacity cooperation” project under a memorandum of understanding (MOU) signed by President Cyril Ramaphosa and China’s Xi Jinping at the 2018 Forum on China-Africa Cooperation (FOCAC).
The individual industrial projects within the MMSEZ include a 3300 MW coal-fired power station as well as coke, carbon steel, pig iron, ferrochromium, ferromanganese, silicon-manganese and calcium carbide plants.
The MMSEZ project is anticipated to bring severe environmental threats to the Vhembe Biosphere Reserve—a UNESCO-designated conservation area. The project overlaps with protected land, risking ecocide through deforestation, depletion of limited water resources, and increased pollution. These impacts threaten biodiversity, contribute to climate change, and undermine sustainable economic sectors like tourism, reflecting a broader conflict between coal-fuelled industrialisation and environmental preservation.
The scale of the development has the potential to radically alter the environmental, social and economic landscape of the Vhembe Biosphere Reserve region, and the risks demand considered decision-making around environmental authorisation. It will result in a severe setback to efforts to fight the climate crisis and render South Africa in breach of its international obligations.
Project developers:
- Shenzhen Hoimor Resources Holding Co. Ltd. (Hong Kong) [Operator]: South African Energy Metallurgical Base Pty Ltd (South Africa) [subsidiary]
- Musina-Makhado SEZ (SOC) Ltd (South Africa)
Our clients:
- Living Limpopo
- The Herd Reserve
- Centre for Applied Legal Studies (CALS)
Find more information in our Background on MMSEZ, Limpopo.pdf fact sheet.
Comments on EIA for land clearance:
22 October 2020: EIA process Comments
23 March 2022: MMSEZ EIA Appeal.pdf
- Annexure A1 ALL RISE and CALS Appeal to MMSEZ EA.pdf
- Annexure A2 Submissions on the EMSEZ draft EIA 22 Oct 2020 Final.pdf
- Annexure A3 2021 09 15 Letter to EAP MMSEZ.pdf
Review application:
15 December 2022: filed on behalf of CALS, Living Limpopo and the Herd Reserve:
- Notice of Motion and Founding Affidavit
- Rule 16A Notice
- Rule 41A Notice
- Section 20(2) Notice
- Notice of Intention to Oppose – 2nd and 3rd Respondents
4 April 2025: Supplementary Founding Affidavit for the MMSEZ Review Application
Find more details in our MMSEZ Review Application Fact Sheet.
Other Development and Environmental Applications:
- Comments on EIA for ferrochrome smelter:
9 December 2024: 2024 12 9 ALL RISE Comments on Ferrochrome Smelter Scoping Report MMSEZ.pdf
19 May 2025: 2025 5 19 Letter to Minister George re MMSEZ final.pdf
- Objections to Water Use Licence Application: 16 July 2024: Objections
- Objections to township application: 26 July 2024: Objections
Find more details in our Other development and environmental applications fact sheet.
Applications for Destruction of Protected Trees:
On 12 August 2024, All Rise, acting on behalf of the Vhembe Biosphere Reserve, Herd Reserve, Living Limpopo and the Centre for Applied Legal Studies (CALS), JL Du Preez & Sons CC, submitted a PAIA application to the Department of Forestry, Fisheries and the Environment for copies of applications made and/or permits issued to destroy or remove protected trees in the Vhembe area.
The most shocking application submitted was to destroy over 648 000 trees, 10 000 of which are Baobabs on the “south site”.
12 August 2024: Letter to DG Forestry Management .pdf
Find more details on the MMSEZ Applications for the Destruction of Protected Trees fact sheet.