Category Archives: news

Press Release: A Step Closer for Community Seeking Justice Against Tendele Coal Mining 

Immediate Release: 2 June 2025

On 2 June 2025, the Mfolozi Community Environmental Justice Organisation (MCEJO) together with the Global Environmental Trust (GET), Mining Affected Communities United in Action (MACUA), ActionAid South Africa, (ActionAidSA), and the Southern Africa Human Rights Defenders Network (SAHRDN) obtained a court order from the Pietermaritzburg High Court setting out the agreed deadlines by which Tendele Coal Mining (Pty) Ltd and the other opposing respondents must file their answering papers. 

This has been an uphill battle since 18 March 2025, when Part B papers were served on the respondents.  As per the Rules of Court, answering affidavits were due on 29 April, but Tendele requested an additional two months to submit. 

The Mpukunyoni Business Association (MBA), a company registered in May 2025 and which advised of its intention to intervene in the matter in April 2025, was represented in court to submit intervention papers. 

The parties agreed to the inclusion of the MBA and timeframes by which to file further papers. The timeframes were made an Order of Court, which will, hopefully, prevent more delays. Leave to approach the Judge President for an expedited hearing was also granted.

In the meantime, Tendele continues its mining operations to the severe detriment of the residents of Emalahleni village. Satellite imagery (https://drive.google.com/file/d/1a5Y7pw3tUwOg8jRBOqkwgtcw21nTTI8o/view?usp=drive_link ) dated 25 March 2025 shows the massive environmental destruction in the area, with activities having now commenced in the village of Ophondweni. Tendele continues with weekly blasting, even though families are living within 500 meters of the blasting zone. The failure to resettle these families places them at continued risk and violates both legal and ethical obligations. 

MCEJO and the other non-profit organisations are pursuing Part B of their court application to interdict Tendele from continuing mining in three new villages in northern KwaZulu-Natal until it has complied with a judgment handed down in May 2022. See previous press release here: https://drive.google.com/file/d/16qMxynFN23lu27Puq9AIn9ygLLyB46OH/view?usp=drive_link 

“The delays orchestrated by Tendele and other respondents while our clients suffer daily are an abuse of the legal system. As frustrating as it is to have to approach court for orders such as this one, we hope that this will ensure these dates will be complied with and we will be given an expedited hearing. We are one step closer to justice, which has been a long time coming.”

Photos: https://drive.google.com/drive/folders/14vqsWFjfyiRdLuA-nlj_0ux3iTgstUEj?usp=drive_link  

Contact: Kirsten Youens – All Rise Attorneys for Climate and Environmental Justice 

061 226686 / kyouens@allrise.org.za 

Looking Back on 2024

Looking Back on 2024

All Rise had a busy year full of challenges, new partnerships, presentations and lawyering!

New Faces at All Rise 

Candidate Attorney

In August 2024, we welcomed our first Candidate Attorney, Kaliope Geldenhuys, a postgraduate law student from UKZN. Since 2021, Kali has volunteered at All Rise during her holidays, helping us and, in the process, learning that environmental law is her passion. We are fortunate that Kali is now a full-time member of the team and are thrilled to welcome another woman to All Rise.

Columbia Law School Human Rights Internship Program

Through the Columbia Law School Human Rights Internship program in the United States, Lena Swirczek joined us as an intern for 10 weeks. This was Lena’s first time to South Africa, and her contribution, though short, was invaluable. It was enlightening to have a young person with an international perspective to contribute to All Rise’s work. We now have an established partnership with Columbia Law School and will welcome more interns in 2025 and beyond.

Hosting Nikki Walsh 

Nikki Walsh is a criminal defence lawyer turned law professor at London City Law School from the UK. Nikki reached out to All Rise in August 2024 when she was in South Africa. She had been following All Rise’s work for some time and wanted to get insight into climate justice law. During her time with us, Nikki offered meaningful insights into her take on the climate justice sector in South Africa. It was a delight to have such a lovely person and experienced lawyer work with All Rise, albeit for a short time. 

Collaborations

MPRDA Coalition- MACUA

All Rise joined MACUA’s MPRDA (Mineral and Petroleum Resources Development Act) Coalition, calling on Parliament and the DMRE to amend the MPRDA in accordance with the right to free, prior, and informed consent for communities and to legalise artisanal mining.

Submissions were made to Parliament, which included proposed amendments in the areas of resettlement and relocation, free, prior and informed consent, and climate and environment.

This collaborative work will continue in 2025.

Black Girls Rising

We are thrilled to announce the graduation of the three ambassadors who were selected from the Ishoweni area through their collaboration with the Mpungose Traditional Authority and Black Girls Rising (detailed in our 2023 newsletter here). 

These ambassadors graduated mid-year in 2024 and were given the opportunity to fly to Cape Town to attend a wilderness leadership camp. We are excited to see how these ambassadors grow and thrive through all the learning opportunities, mentorship and tools they were given through the programme.

Workshops, Presentations & Events 

Environmental Assessment Practitioners Association of South Africa (EAPASA) Conference 

Janice presented on “A Rights Based Approach to Environmental Impact Assessment (EIA) – vulnerable and disadvantaged persons.” This presentation explores how and why vulnerable and disadvantaged communities are often not meaningfully consulted during the EIA process and how this can be remedied. A rights-based approach to EIAs is a framework that integrates human rights principles into the environmental decision-making process, ensuring that all stakeholders – especially marginalised communities – have the right to participate in, gain access to information about, and seek justice regarding environmental impacts. 

Access Janice’s presentation here. 

Endangered Wildlife Trust (EWT) Laws Website Webinar Series

 Kirsten and Janice were invited by EWT to contribute to their webinar series on laws relating to the environment. Two webinars were given, the first on “Intergenerational Equity: Exploring Environmental Justice” and the second on “Introduction to EIAs.” These will be uploaded onto the EWT Laws website.

ELCA Southern Africa’s Convening 

Janice was invited to participate in and present at the Environmental Lawyers Collective for Africa (ELCA) Southern Africa’s Convening. The purpose of the convening was to provide a space for information sharing and learning between public interest lawyers throughout the SADC region, particularly in climate and environmental justice.

State Capture and Beyond Campaign

Kaliope attended the State Capture and Beyond Multistakeholder Meeting in Durban created in collaboration with the Legal Resources Centre (LRC), Human Rights Media Trust, & Brot für de Welt. The theme of the campaign in Durban focused on how corruption makes citizens more vulnerable to climate change. To find out more: https://beyondstatecapture.org.za/

Alumni meeting – Rights and Remedies – a course for activists 

Lihle attended an alumni meeting of the CER’s “Rights and Remedies, a course for activists” course to make meaningful contributions to future attendees. 

Land Workshop with Sthembiso Gumbi

We invited Sthembiso Gumbi to speak at a workshop on land rights. This was held in KZN for one of our community organisation clients and, as usual, the presentation was informative and well received.

Opposing Unsustainable Projects on Behalf of Community Organisations and NGOs 

Tendele’s Somkhele Coal Mine

Review of Tendele’s 2016 Mining Right and court-ordered EIA process 

It has been nearly three years since Bam J’s judgment and Tendele still has not finalised the EIA process and submitted its report to the Minister of DMRE to decide the remitted appeal. In our interdict application brought in 2023, Koen J ordered that Tendele could undertake limited mining activities before the appeal was prosecuted. This was under the presumption that Tendele would adhere to all the promises made and timelines given in its commencement notice and court papers. This included not blasting until all the families within the 500 m blast radius had been relocated. Blasting began in September despite many families still living within the 500m zone. 

Tendele distributed its draft EIA report for I&AP comment in May 2024, the deadline for which was mid-July 2024. It has made no visible progress since then, nor has the final EIA report been finalised and submitted to the Minister. Tendele, however, commenced work at Emalahleni in May 2024 and is actively mining 24 hours a day, 6 days a week.

The public participation process done in an attempt to comply with the Order of Judge Bam, is once again flawed: 

Flawed EIA for Kwazulu Natal coal mine challenged in court by civil society – Green Building Africa

EIA Report | Organisations slam report as misleading – YouTube

Families who need to be relocated

Families who still need to be relocated from Emalahleni and Ophondweni are receiving assistance from All Rise and Lawyers for Human Rights (LHR). Their relocation should have been completed before Tendele started its mining activities as per the undertakings it gave in court. Failing to keep to its word, these families, especially at Emalahleni where active mining is taking place, are being subjected to continuous blasting, dust, noise, heavy coal trucks, and other mine traffic. Another travesty of justice plays out. 

South African Human Rights Commission (SAHRC)

In 2022, All Rise reached out to the SAHRC to investigate the human rights violations of our clients from the violence and intimidation experienced by MCEJO members due to their protests against the mine’s unlawful actions within their communities. The SAHRC undertook to investigate these human rights violations, and although the process has taken a long time, we have been promised a report on its findings in February 2025.  

Jindal’s Iron Ore Mine

In early February 2024, we received the good news that the application for environmental authorisation for the proposed Jindal Melmoth Iron Ore Project in the Mthonjaneni Local Municipality in KwaZulu-Natal had been refused based on the significant gaps in the EIA reports. 

Soon afterwards, Jindal began again. This time for a greater area of almost 26,000 ha. Please see a link to an article by Tony Carnie describing the impacts of this Project in the local area:  https://www.dailymaverick.co.za/article/2024-07-24-tensions-rise-as-iron-giant-returns-to-the-hills-of-kzns-melmoth/ 

In August 2024, All Rise submitted comments on the new Scoping Report outlining its many shortcomings, especially the lack of detail and information on the impacts on the surrounding community and environment, as well as the deficient public participation process. In late 2024, the DMRE rejected the scoping report,  and directed Jindal to redo Scoping.  The draft Scoping Report was released again for public comment at the end of January.

If this project is authorised, it will destroy vast areas of natural vegetation and commercial and small-scale farming land, and require significant volumes of water, impacting on biodiversity, water resources, food security, jobs and the regional formal and informal economy. We will continue to oppose it on behalf of our clients, most of whom will be directly affected.

Musina-Makhado Special Economic Zone (MMSEZ) in Limpopo

The opposition to the MMSEZ in the Vhembe District of Limpopo Province continues on behalf of our clients, Living Limpopo, The Herd Reserve and CALS. Aside from the ongoing court review of the provincial government’s decision to grant environmental authorisation to clear 3500 hectares of indigenous bush, All Rise has also objected to the township application for the Mega City and the water use license application, as well as investigated applications made for the destruction of over 600 000 protected trees.

Overall, the MMSEZ and the various coal mining projects surrounding it are so fundamentally flawed that they must be challenged on many levels and in many areas.

Thank you

We would find it extremely hard to do our work without the support of so many people and organisations that offer financial support, pro bono and “low bono” professional assistance and advice, volunteers, interns, and colleagues. We are so grateful to you all, but special mention goes to:

  • The Ford Foundation, EDLC, Global Green Grants Fund, Natural Justice, Legal Aid South Africa, SDCEA, SAHRDN, GET, MACUA, ActionAid SA, CALS, Our Children’s Earth Foundation and individual donors.
  • Our board of dynamic women – Mawande Mazibuko, Renee Kirkham, Trudie Nichols, and Dineo Skosana.
  • Advocates Anna-Marie de Vos, Mawande Mazibuko, Sarah Pudifin-Jones, Jatheen Bima, Letlhogonolo Mokgoroane and Emma Webber.
  • Adriaan Oosthuizen, Alice Harvey, Mohamed Kajee, Nicola Gerrard, Janelle Barnard, Sthembiso Gumbi, Adam Bennett, Sarah Bracking, Patrick Bond, Gwendolyn Wellmann, Mary de Haas, Sheila Berry, Arnold Tsunga, Lauren Liebenburg, Simphiwe Sidu, Rob Symons, Linda Tucker and Saskia von Diest.

Mary Lawlor, UN Special Rapporteur for Human Rights Defenders

Towards the end of last year, the African Initiative of Women Human Rights Defenders facilitated an academic visit to South Africa for Ms. Mary Lawlor, the UN Special Rapporteur on the Situation of Human Rights Defenders. This included a visit with All Rise and our clients. The Special Rapporteur and the WHRD Initiative joined us in Somkhele to meet members from MCEJO who bravely spoke out about the injustices of the Tendele coal mine. Thank you to the Special Rapporteur for your continued support of our clients and our work. 

Ending Off

After a challenging 2024, we welcome 2025 with the words of the late Wangari Maathai, who championed the creation of the Kenyan Green Belt and was the first African woman to receive the Nobel Peace Prize: 

“There are opportunities even in the most difficult moments.” ― Wangari Maathai, Unbowed

Kirsten, Janice, Lihle and Kali

**As a non-profit clinic, we need funding to do our work. If you would like to support us, we would be very grateful! Head to this link to donate **



Press Release 25-11-24: JINDAL FAILS AGAIN – R38 BILLION IRON ORE MINE IN KWAZULU-NATAL IS NO CLOSER TO STARTING

The wheels have come off at scoping. Jindal will be starting its EIA for a fourth time.

 

The Department of Mineral Resources and Energy has directed Jindal and its environmental consultant TCIR to redo the first step of the EIA process again. This will be Jindal’s fourth attempt at securing environmental approval for its massive 26 000 ha, R38 billion iron ore project located 300 km east of Melmoth and extending all the way south to the Nkwaleni Valley near Eshowe in KwaZulu Natal.

 

In 2016, Jindal withdrew its application for environmental authorisation, citing low steel prices. The community, which has fiercely objected to the project since its announcement in 2011, claimed this as their victory. Either way, Jindal was not going away and, in early 2022, appointed the large consultancy firm SLR to submit a new application. The EIA report was finally submitted to the Department in October 2023 in which SLR recommended that the project be approved despite recording 15 pages of significant gaps in the specialist reports. 

 

On 29 January 2024, the Department in deciding Jindal’s application refused authorisation, citing too many gaps in the specialist reports and flaws in the consultation process, a decision strongly supported by interested and affected parties (I&APs) who had raised these concerns in the EIA process. 

 

In recording the reasons for its decision, the Department stated that “[t]here is limited information in which to make a positive decision. By applying holistic and defensible decision making, taking cognisance of the precautionary principle and in line with the Department’s mandate, the Department’s decision to refuse is in line with the obligation in terms of Section 24 of the Constitution. The Department is mandated to protect the environment for present and future generations.”

 

No environmental authorisation means no mining right and no mining.

 

In response, Jindal withdrew its initial mining application and resubmitted a new one for an even bigger area, to include an additional 5 617 ha for a tailings dam right in the middle of highly productive commercial agricultural land in the Nkwaleni Valley. Jindal also appointed a new environmental consultant, TCIR, to start the EIA process afresh. Without notifying all I&APs, including those who had registered and actively participated in the previous EIA, TCIR embarked on a very hurried Scoping process and put out a substandard draft Scoping Report, the final version of which was submitted in August to the Department for acceptance without waiting for public comment.

 

All Rise Attorneys for Climate and Environmental Justice, a law centre based in KwaZulu-Natal, has been representing the South Durban Community Environmental Alliance (“SDCEA”), the Nkwaleni Water User Association (“NWUA”) and the Nkwalini and Surrounds Supporting Sustainable Rural Development community organisation since 2023. 

 

Having failed to engage with TCIR, All Rise submitted a complaint to the Department asking for the application to be refused based on the defective Scoping process. The lawyers also requested that their clients be afforded a hearing with the Department so they could put their grievances directly to the officials overseeing the application process. These grievances include the longstanding conflict in the region, which claimed two lives in 2024 and forced several community activists into hiding.

 

In response to All Rise’s complaint, the Department has directed Jindal and TCIR to redo Scoping, setting 3 March 2025 as the deadline for the submission of the final Scoping Report. However, this time, the process must include all I&APs previously registered and make the report available in isiZulu. 

 

In the same letter, the Department refused the community a hearing, stating that it was premature now that the Scoping process would be done over and that it lacks the competence and mandate to address the aspects of violence and criminality. 

 

“Not so,” says Janice Tooley, an attorney at All Rise. “We won’t be brushed off so easily when lives are at stake, and the law requires otherwise. We have written again to the Department, requiring that they issue a directive to Jindal and TCIR to apply the Section 24J Public Participation guidelines published under the National Environmental Management Act. These guidelines require that where there is a high degree of conflict, additional consultation is needed to ensure that consensus is reached among I&APs and that issues of conflict are addressed effectively. Thus, addressing conflict is very much within the ambit of the regulated EIA process and the Department’s competency and mandate”.

 

If Jindal pursues its mining project, its consultants will be conducting a Scoping process for a fourth time, and I&APs are not happy. Says Tooley, “while we are satisfied that the Department is taking our client’s procedural rights seriously for now, we question whether Jindal has any intention of following due process. We also question the ethics and competency of the environmental assessment practitioner. Besides repeatedly wasting our clients’ time and resources with these substandard EIAs, the project and its licensing applications are putting their lives in danger, and our various government agencies are doing very little or nothing to stop it”. 

 

Asked what was next, she replied, “We are not giving up, and neither are our clients. We will continue to insist on procedural fairness in these processes. We have faith in our Constitution and the environmental justice it commands, and we will persist for as long as Jindal refuses to acknowledge and respect our clients’ rights, including their right to say no”. 

 

Des D’Sa from SDCEA: “The entire process should be scrapped. No new application should be entertained by the government. We call on Jindal management to withdraw any application in South Africa and the world. We request them to use their monies in alternative industries – funding Just Energy Transition industries.”

 

Kirsten Youens from All Rise: “The Umhlatuze area has been utilised for agricultural activities for generations. Preserving the current land use for agriculture and horticulture production is vital.  The Project will sterilise large areas of commercial agriculture and land with high agricultural potential. This will result in a net decrease in food supply and impact the viability of the value chain. Water and food security are fundamental needs that need to be protected, particularly during a global climate crisis.”

 

END

 

Copy of DMRE’s Refusal to the 2022 application for environmental authorisation:

https://drive.google.com/file/d/1kam0CoKbz8v_Mt73c98TheO4vFn6A6uk/view?usp=drive_link

 

Copy of All Rise’s complaints to DMRE:

https://drive.google.com/file/d/1Y1G-CHEERj7DUu2gUdyguYu-jHC5ckPM/view?usp=drive_link

 

Copy of DMRE’s response to the complaint:

https://drive.google.com/file/d/1efZjmk7uTfZoXeRid7cT4SOsEvHhXPSz/view?usp=drive_link

 

Link to the Jindal Media Release Public folder: https://drive.google.com/drive/folders/1V9Xwaz44AhKqe4aZYWAbZ9ci1vDI0luh?usp=drive_link