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 **

Good News!

EIA Guide Launched in isiZulu The isiZulu EIA Guide has been launched!  We are so proud of this extremely valuable tool for EIA practitioners and isiZulu speakers developed in collaboration with IAIAsa. It took two years to create, and we are sure it will be received with enthusiasm and used frequently in EIA processes. We thank all those involved in the creation of the groundbreaking Guide and its distribution and hope that it is used widely by communities and by Environmental Assessment Practitioners when consulting with communities in EIA processes. We are very grateful to the funders – IAIA and OSF-SA – who made this possible as well as to the many IAIAsa members for review and facilitation, to Wakhiwe for translation and to MCEJO for actively participating. CLICK TO WATCH THE VIDEO Awards and Recognition We were very proud to have won The Eco-Warrior Award at the 2023 Eco-Logic Awards held on 9 November 2023 in Cape Town. The Eco-Logic Awards, in partnership with DSTV and WildAid, showcases and supports those who provide products, services and interventions that are ‘Good for People and Planet’. The awards are an opportunity for every one of us to support and participate in building a safer, kinder and more sustainable society and environment to live in. The awards show will be televised on People’s Weather DStv channel 180 and Openview channel 115 on 2 and 16 December at 8am / 2pm. All Rise is also delighted to share that we have been recognised as one of the winners under the ‘Mining’ category at this year’s Mail & Guardian Greening the Future awards. We are extremely thankful for the recognition our work is receiving and even more so, to share the win with a number of inspiring organisations.  Advocating for and enhancing climate and environmental justice requires a collective stance and we look forward to continuing to work together into 2024. Read More Here Opportunities for Participation in the Discussion We have had many invitations to participate in exciting and important events this year, including: Presentation to UN Special Rapporteur for Human Rights Defenders. Presentation to UN Special Rapporteur for Toxics and Human Rights. Presentation at the Symposium on Community, Psychology and Climate Justice. Presenting and chairing at the Green Justice for Africa Conference at the Centre for Human Rights at the University of Pretoria. Presenting and part of a panel discussion at the POLLEN conference – Political Ecology Network Political Ecology: North, South, and Beyond, 2023, University of KZN, Durban. Presenting, chairing and being part of a panel discussion at the IAIAsa Conference in Mpumalanga. Photo taken by Janet Solomon at the launch of the Climate Justice Charter Movement Presenting and part of a panel discussion at International network of Civil Liberties Organizations’ (INCLO) webinar on persecution of environmental defenders. Participating in a Podcast for Just Us and the Climate [link]. Collaborating in the launch of the Climate Justice Charter Movement. Collaborating in the Animal Law Project. Collaborating in the Harmonious Co-Existence with Nature Project. Becoming a member of the Wildlife Well-being Forum. Spending 3 days in the White Lion Heartlands with Linda Tucker. Lihle spending two weeks at the White Lion Leadership Academy. Education, Training, and Awareness We collaborated with the Tshisimani Centre for Activist Education, whose work focuses on supporting activists and social justice formations through offering education programs. We took part in a training workshop in Durban that focused on the law and social justice, with particular regard to the question of whether the constitution is a tool for social justice and how activists can use it. In July we facilitated a two-day EIA training workshop at Fuleni in isiZulu. The community was delighted to receive the training in their language. They told us that the training has been a great help and they now know what kind of questions to ask the developer, especially the proposed mine that wants to come to their village. Another collaboration was with the South Durban Community Environmental Alliance (Alliance) where we provided training on EIA with the mining-affected community in Melmoth and the other activists. Education, Training, and Awareness Mpungose Climate Manifesto A collaboration between Inkosi Thandisizwe Mpungose, the Mpungose community of Eshowe, Northern KwaZulu-Natal, and ALL RISE; has resulted in the creation of a significant Community Climate Change Manifesto. Drafted by members of the Mpungose community at a workshop hosted by key role players, this Manifesto acknowledges the devastating effects of climate change and highlights the need for a community-driven response to this issue. Furthermore, the Manifesto outlines responsibilities and actions to be taken by the Mpungose community, as well as calls to government to make changes needed to mitigate the impacts of climate change. The collaboration was made possible by: ALL RISE and Bekezela Community Foundation, in partnership with the Southern Africa Trust. CLICK TO WATCH THE VIDEO Black Girls Rising We are thrilled to be working with Black Girls Rising in moving forward with our collaboration with BCF and the Mpungose Traditional Authority. Three girls from different schools in Ishoweni area have been selected to be ambassadors of Black Girls Rising. Black Girls Rising aims to raise well-informed and embodied girl leaders to be at the forefront of and take action against Climate Change. Many youth activists suffer and struggle with mental health and climate anxiety. Black Girls Rising focuses on building emotional well-being and trauma-informed Afrocentric awareness around climate advocacy. We are all so proud of being involved in this wonderful initiative and of the girls for being selected! We look forward to hearing all about their course and progress. OPPOSING UNSUSTAINABLE PROJECTS ON BEHALF OF COMMUNITY ORGANISATIONS AND NGOS Tendele’s Somkhele Coal Mine In spite of our successful judgment against Tendele Coal Mining in 2022, Tendele issued a notice to commence mining in February this year and ignored our requests to first comply with the requirements of Bam J’s judgment (complete an EIA process and obtain community consent), implement a proper Resettlement Action Plan, and comply with legal requirements contained within the conditions of the mining right and EMPr and the EIA regulations which require prior authorisation for the removal of indigenous vegetation and the building of roads (to name a few), prior to commencing. In the eighteen months since Bam J’s judgment we have had to launch two interdict applications and request the Minister once again to suspend Tendele’s mining right. However, Tendele is determined to commence mining in the near future despite not having completed the EIA process or sought additional authorisation for new listed activities and water uses. All Rise continues to support the courageous community members of MCEJO whose love of their land, families, community and culture keep them strong in their fight for their rights, including an environment that is not harmful to their health and well-being, and for justice, including compensation for past wrongs. For more detailed updates, please see our website. See our comments on Tendele’s latest draft Scoping Report here. Other Proposed Coal Mines – EIA Processes The onslaught for coal around the Hluhluwe-iMfolozi Park continues, and we are participating in the following EIA process for various mining and prospecting applications: Prospecting application by Imvukuzane in the Fuleni Reserve on the south-eastern boundary of the Hluhluwe-iMfolozi Park and south of Tendele’s Somkhele Mine, Area 1. Prospecting application by Yengo Resources (Pty) Ltd) in the Ximba Traditional Authority area on the southwestern boundaries of the Hluhluwe-iMfolozi Park. Prospecting application by Jaments (Pty) Ltd in the Mdletshe Traditional Authority and the Mpukunyoni Traditional Authority on the eastern side of the Hluhluwe-Imfolozi Park.  Prospecting application by MDZ Fleet Solutions situated in the Magisterial District of King Cetshwayo in KwaZulu-Natal Province near Empangeni and in close proximity to Thula Thula Game Reserve A second prospecting application by Jaments in the Hlabisa Municipality northwest of the Hluhluwe-iMfolozi Park. Jindal’s Iron Ore Mine ALL RISE acts on behalf of on behalf of the South Durban Community Environmental Alliance, Durban office (“SDCEA”), the Nwaleni Water User Association (“NWUA”) and the Nkwalini and Surrounds Supporting Sustainable Rural Development community organisation (“NSSSRD”) against the application for environmental authorisation for the proposed Jindal Melmoth Iron Ore Project (“the Project”) in the Mthonjaneni Local Municipality in KwaZulu-Natal. The North Block is 8467 ha, and the South Block is 11 703 ha in extent. The Project is to develop an open pit iron ore mine and processing facility on the site to extract 32 million tonnes of iron ore per annum – a total area of 202 km2. According to the EIAR, a substantial number of properties form part of this Mining Right Application. See our comments on the EIA here. Searcher: Off-Shore Oil and Gas Exploration in Bazaruto, Mozambique In October 2023, All Rise joined a consortium of 57 organisations to submit comments on the EIA for the proposed Searcher off-shore seismic acquisition and offshore drilling project in the Save Basin, Inhambane Province. The large consortium includes All Rise, Justica Ambiental, Mission Blue, RE: Wild, Natural Justice, Our Children’s Earth Foundation (OCE), and the Marine Megafauna Foundation (MMF), to name a few. There are three conservation areas located to the west of the Project area namely, the Bazaruto Archipelago National Park (8km away); São Sebastião Total Protection Zone (9 km); and Pomene National Reserve (11 km). Potential fatal flaws or questions have not been identified and properly considered: 1.   Activities in total protection or conservation areas. 2.   Presence of “Species Critically in and/or In Danger” (e.g. dugongs and turtles). 3.   Presence of a range of endemic or restricted species (e.g. corals and molluscs). 4.   Presence of “Migratory/Congregatory Species”, where this habitat may be considered a unit of discreet management for those species (e.g. certain cetaceans, prawns species, turtles). 5.   Crucial area for the provision of services and key ecosystems in the national, provincial or district scale (e.g. seagrass beds, mangroves, coral reefs). The full submission in English and Portuguese may be found here. We are also working on a number of other mining projects in Mozambique. ONGOING MATTERS Psychological Trauma Report expanded At our request, Dr Barnwell expanded his psycho-social impact assessment to include additional participants in current and historical mining areas in Somkhele and prepared a second study of people living in Tendele’s future mining areas. These reports will be released soon. Assassination of Mam’Fikile Ntshangase Another year has passed, and we are still waiting for Fikile’s killers to be brought to justice. We are still in communication with the detective working the case and cannot give up hope that her killers will eventually be found. We hope you have had the opportunity to watch the Gooseberry Granny’s Daughter, a documentary film about Fikile, her daughter and the struggle to defend their land against mining. It screened at Encounters South African International Documentary Festival, opening night Africa Human Rights Film Fest, Our Heritage, Our Planet – online festival, I Will Tell International Film Festival and Sandton Film Festival, where best director was awarded. It has also been nominated for Best Short Documentary at the I Will Tell International Film Festival in Florida, USA, at the Ekurhuleni International Film Festival and the @Luanda International Pan African Film Festival Festival Internacional de Cinema Panafricano de Luanda 22 November 2023. The doccie will also be showing at the following upcoming festivals: – The Ekurhuleni International Film Festival. Nov 29 – Dec 30, 2023, – Ananse Cinema International Film Festival, Ghana. Nov 29 – Dec 30, 2023, and – FINIFA, Cinéma Sahara, Agadir, Morocco: 7-11 December 2023. The selected films will explore themes such as migration, globalization, environmental preservation, and the promotion of peace and tolerance. Watch the Trailer Here ENDING OFF As we all look forward to the December break, please continue to keep an eye on our social pages for updates and news. We wish you ALL a wonderful Festive Season and happy, restful and peaceful holidays. Remember: “Never doubt that a small group of thoughtful committed individuals can change the world. In fact, it’s the only thing that ever has.”  – Margaret Mead. Kirsten, Janice and Lihle **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.

We are excited to share news of a dedicated collaboration between Inkosi Thandisizwe Mpungose, the Mpungose community of Eshowe, Northern KwaZulu-Natal, and ALL RISE, which has resulted in the creation of a significant Community Climate Change Manifesto.

Workshopping a groundbreaking document

In October 2022, Inkosi Thandisizwe Mpungose invited ALL RISE to facilitate the first community-based climate change workshop in the Mpungose Traditional Authority. Over 40 delegates; including learners, educators, farmers, and leaders of the Mpungose community; attended the two-day workshop.  

The purpose of this gathering was to talk about climate change and its impacts on the community, what our government is doing about it, and what can be done to mitigate the negative impacts both as individuals and as a community. The workshop aimed to inform and assist the community in taking action and putting together a community document outlying actions to take to mitigate the impacts of climate change. A key component included presentations from school learners of the Mpungose community. 

This workshop began a very important process to develop the Mpungose community-driven response to climate change, which hopes to drive similar action for communities near and far.

The Mpungose Community Climate Change Manifesto

The outcome of this workshop was a groundbreaking Manifesto drafted by members of the Mpungose community. This Manifesto acknowledges the devastating effects of climate change and highlights the need for a community-driven response to this issue.

The Mpungose Community Climate Change Manifesto calls on the Government to create necessary policies and plans, work with environmental stakeholders, and uphold the fundamental rights as provided in the Constitution in adherence with IDP Framework and the National Environmental Management Act.

Additionally, it calls on the Government, businesses, and all South Africans to uphold their duty to prevent pollution and other environmental damage to promote conservation and sustainable development for us and future generations.

Furthermore, the Manifesto outlines responsibilities and actions to be taken by the Mpungose community, such as actively participating in the conservation of natural resources and wildlife, promoting indigenous knowledge, creating awareness, and so much more. 

The importance of a community-driven approach to climate change

Climate change and environmental degradation pose a severe threat to communities worldwide. With each passing day, the world is warming at an unprecedented rate. It has been proven that the effects of climate change are often experienced disproportionately by rural communities, highly dependent on natural resources – especially women and children-headed households. Despite this, more needs to be done to empower or involve these communities in these discussions and decisions affecting their lives and livelihoods. Every member of every community has a right to a safe environment, to participate in discussions, and to be heard. 

The ability to input on matters that directly impact our lives and our environment is an essential component of our dignity and rights. Without a strong human rights element, protecting the environment, biodiversity and water or adequately addressing climate change issues is impossible.

The Mpungose Community Climate Change Manifesto is a real example of a community-driven response to climate change in South Africa. We hope many will read the document and strive to implement similar policies in their communities. 

This collaboration has been made possible by All RISE and Bekezela Community Foundation in partnership with the Southern Africa Trust.

What a busy year 2022 was. So much so that we have only managed to finish our end-of-year newsletter now.  Here we highlight some of our work for you…

UNSUSTAINABLE COAL MINING PROJECTS & NEGATIVE EFFECTS

Most of our work this past year has again been focused on coal mining projects in KwaZulu-Natal and their devastating effects on communities and the environment.

Successful judgment against Tendele Coal Mining

For those following the long and arduous fight by the Mfolozi Community Environmental Justice Organisation (MCEJO) against Tendele Coal Mining (Pty) Ltd and its Somkhele open-cast coal mine in Mpukunyoni Traditional Authority near Mtubatuba, northern KwaZulu Natal, you most likely would have read about the judgment handed down on 4 May 2022.

The Court determined three main issues, namely: i) the defective Scoping and Environmental Impact Assessment (EIA); (ii) failure to obtain community consent as required by the Interim Protection of Informal Land Rights Act (IPILRA); and (iii) inadequate public participation. 

While Judge Bam did not set the mining right aside, she did order Tendele to conduct proper public participation and submit additional information to the Minister of Mineral Resources and Energy to redecide the appeal. Essentially, this requires Tendele to redo the EIA process, starting with scoping. Scoping is a crucial part of an EIA because it identifies, through consultation, the issues that need to be further examined in the EIA, which, together with the mitigation measures in the Environmental Management Programme (EMPr), provide the information necessary for the Minister to make an informed decision as to whether the mining activity should be approved or not.

Tendele started the new scoping process approximately two months after judgment was given, appointing the same environmental assessment practitioner (EAP) who had conducted the first flawed process. MCEJO’s major concern with this renewed EIA process was that the EAP relied on the Mpukunyoni Traditional Council to distribute notices and organise the community meetings – the very same leadership who is a respondent to the court case is publicly anti-MCEJO and has been intimidating our clients over the past few years. 

Threats and attacks have become part of life in many mining-affected communities around South Africa. According to the Global Initiative against Transnational Organized Crime, in KwaZulu-Natal alone, more than 50 mining-related killings and attempted killings occurred between 2016 and 2020, often related to land issues and conflicts with the traditional authority.

Our clients’ objection to the role of the traditional authority in the EIA process was one of many issues highlighted in the 30 pages of comments that we submitted on the draft scoping report on 1 September 2022. We also raised a number of procedural and substantive deficiencies, such as withholding of information, limiting notification to those residing within a narrowly defined “zone of influence,” unclear maps and fence lines, missing project details about job creation and the full extent of the project, and flaws in the resettlement scheme. 

A day later, on 2 September, the appointment of a new EAP (OMI Solutions) and public participation consultant (WSP) was announced. Although our clients were promised further consultation, the scoping phase has yet to resume.  It is now more than eight months post-judgment, and Tendele seems no closer to fulfilling the EIA and public participation components of the judge’s order despite having expressed its long-stated urgency to start mining as soon as possible. Our repeated requests for updates from OMI, WSP and Tendele’s attorneys go unanswered.

Tendele, in the meantime, has claimed to have obtained community consent in terms of the Interim Protection of Informal Land Rights Act. However, again these meetings were organised and held by the traditional leadership, and we know the process to be defective, resulting in consent that is neither informed nor free. 

Coal mining project EIA processes

Last year we also participated in the EIA process and submitted comments for the following coal mining projects in KZN:

• Prospecting application for additional mining areas by Tendele as an expansion to the existing Somkhele Coal Mine.
• Prospecting application by Imvukuzane in the Fuleni Reserve on the south-eastern boundary of the Hluhluwe-iMfolozi Park and south of Tendele’s Somkhele Mine, Area 1.
• Prospecting application by Yengo Resources (Pty) Ltd) in the Ximba Traditional Authority area on the southwestern boundaries of the Hluhluwe-iMfolozi Park.

Psychological Trauma Report and Webinar

On 25 October 2022, All Rise held a webinar and released a report entitled ‘Everything for Dust: the Collective Trauma of Opencast Coal Mining on Residents in Somkhele, KwaZulu-Natal’.

When we began working with our clients on the border of Tendele Coal mine in northern KwaZulu-Natal in 2016, we could not help but notice their extreme hopelessness and fear. A sense of brokenness prevailed. There was, and continues to be, a desperate need for awareness of and assistance given to those in psychological need. In many areas of the country worldwide, there have been reports and discussions about the physical impacts of coal mining. What has been less dealt with, and little at all in South Africa is the psychological impact of coal mining on mining-impacted communities.

The study was done with a view to creating awareness about a very hidden aspect of mining impacts on surrounding communities and was the first step in finding help for our clients. The report’s findings were shocking, with most of those interviewed suffering from PTSD, depression and collective trauma. They are also suffering from institutional trauma – trauma brought about by suffering at the hands of the very institutions that are supposed to protect them.

Importantly, it was not a study simply for the sake of a study (we call this kind of research “research extractivism” and frown on it). When given feedback, the participants said that the findings made them feel relieved, validated and heard. It is also the first step in finding solutions to ongoing trauma and helping our clients heal. 

Ongoing Community Support

Lihle Mbokazi, All Rise’s Community Liaison Manager, is a very valuable member of the team. She is in constant communication with MCEJO members and assists them in getting legal support from All Rise and security support from SAHRD and Frontline Defenders when necessary. Lihle supported Dr Barnwell and our clients during the research for the Psychological Impact study. 

During 2022 we held eleven community meetings with MCEJO as well as a one-day workshop on cultural heritage presented by Dr Dineo Skosana, SWOP, a two-day workshop on EIAs presented by Janice, Lihle and Bathabile Msomi from eThekwini Municipality and IAIAsa,  and a workshop where Dr Barnwell presented the findings of the Psychological Impact study presented. 

We have taken over the mandate from Richard Spoor Inc. to represent several families that Tendele has identified as needing to relocate to make way for the new mining operations, as well as a number of families who have been inexplicably excluded from the resettlement process.  

Murder of Mam’Fikile Ntshangase 

We are in regular communication with SAPS about the continuing investigation into Mam’Fikile Ntshangase’s murder in October 2020. We are certain that an arrest (and subsequent successful prosecution) is not far away. It takes time to build an air-tight case, and we have faith that Fikile’s killers will be brought to justice.

Highlighting the Risks of Environmental Defenders 

A documentary film about Fikile, her daughter and the struggle to defend their land against mining had its premiere screening in the community in November. It is called The Gooseberry Granny’s Daughter and is by Julie Laurenz. It was received well by our clients in Somkhele, and we hope it will be available for public viewing soon.

On 17 May 2022, a statement titled “Mpukunyoni Community calls on All Rise and their funders to account to the community for their efforts to close Tendele Mine”, which attacks All Rise, demanding to know the source of its funding, accusing it of wanting to close the mine and stating that All Rise’s actions are “tantamount to a gross human rights violation” was put into the public domain.

In an extraordinary show of public solidarity, 38 civil society organisations supported a call on the National Union of Mineworkers, Mpukunyoni Traditional Authority, Mpukunyoni Community Mining Forum, and the Association of Mineworkers and Construction Union and their representative attorney, Dennis Sibuyi, to:

• Respect the 4 May 2022 Pretoria High Court ruling that Tendele Coal Mining’s application for a mining right (to expand its Somkhele operations) failed to comply with the law and that the decision of officials in the Department of Minerals and Energy to award that right was invalid; 
• Respect the right of the Mpukunyoni people to assert their constitutional rights without fear of reprisal; and
• Respect the right of ALL RISE to act without fear of harassment, intimidation and defamation.

All Rise is genuinely humbled by the support and thanks every single organisation that signed this letter. An attack on one is an attack on all. 

STRATEGIC LITIGATION AGAINST OTHER UNSUSTAINABLE LARGE-SCALE PROJECTS

Successful judgment in the Shell and Impact Africa case

On 1 September 2022, the High Court in Makhanda ruled that Shell’s exploration right to conduct seismic surveys for oil and gas on the Wild Coast of South Africa was unlawfully granted and therefore set it aside. The court case was brought by Sustaining the Wild Coast NPC, Wild Coast communities, Wild Coast small-scale fishers and All Rise Attorneys for Climate and Environmental Justice, represented by the Legal Resources Centre (LRC) and Richard Spoor Attorneys. Natural Justice and Greenpeace Africa joined the application and were represented by environmental law firm Cullinan and Associates.   

The court has subsequently granted Shell and the DMRE leave to appeal, and we expect that the appeal will be heard by the Supreme Court of Appeal sometime this year.

Review Application filed against the Environmental Authorisation for  the Musina-Makhado Special Economic Zone (MMSEZ), Limpopo 

On 14 December 2022, All Rise launched review proceedings against the Environmental Authorisation for the giant metallurgical complex in Limpopo on behalf of our clients, Living Limpopo, the Herd Nature Reserve and the Centre for Applied Legal Studies (CALS). 

This Special Economic Zone (SEZ) was first proposed in 2017, with the Limpopo provincial government identifying two sites to the north and south of Musina for development and industrialisation. The MMSEZ is expected to consume as much as 10% of South Africa’s carbon budget over its lifetime, and the scale of the project has the potential to radically affect the environmental, social and economic landscape of the region. 

Several organisations – including All Rise, Living Limpopo, CALS and others – have consistently raised concerns about the impacts of the MMSEZ and attempted to engage in the public participation process around the environmental authorisation without success. Even an initial Environmental Impact Assessment conducted by Delta Built Environment Consultants, and commissioned by LEDA, did not recommend granting authorisation without several deficiencies being first addressed. This did not stop the Limpopo provincial government from requesting another environmental assessment practitioner ‘update’ the report before granting itself authorisation in February this year. 

CALS and All Rise, along with many other organisations promoting environmental justice, brought internal appeals against the decision to grant the environmental authorisation. All of these appeals were dismissed in July last year. We have thus approached the High Court in Polokwane to review and set aside the environmental authorisation and the decision to dismiss the appeal. We argue that the EIA process, appeal, and public participation processes were procedurally unfair and failed to properly consider the impacts on climate change and water security. 

The review application includes two expert reports. The first, by Dr Louis Snyman from CALS, examines the potentially devastating consequences of constructing such an extensive development without proper spatial planning. These include worsening already ageing infrastructure and water supply problems, droughts, flooding, pollution and wetland destruction. The second from Dr Victor Munnik focuses on the water requirements of the MMSEZ, which will exacerbate existing water issues. 

Read more in the founding papers here. 

EMPOWERMENT, EDUCATION AND TRAINING

Climate Change Awareness and Community Collaboration

We are excited to be working with a dynamic and visionary Inkosi (chief) of the Mpungose Traditional Authority and his community outside Eshowe, KwaZulu-Natal, through the foundation he has established, the Bekezela Community Foundation.  This collaboration aims to foster climate education and justice, sustainable development and helping to ensure community voices are heard in the climate context. The pilot workshop was held in October to develop a community-driven climate change manifesto, and it was amazing to work in an environment where teachers, school children, headmen, farmers, and professors from the University of Zululand all came together to learn and share ideas. Magic happens when visionary leaders collaborate with others for the greater good. Details of this collaboration will be shared very soon! 

Another exciting initiative is the collaboration with IAIA and IAIAsa to develop an EIA guide in isiZulu and Workshop Training Manual for EAPs and communities. Unfortunately, we have experienced some delays in getting these deliverables completed but expect to launch the Guide with IAIAsa in the early part of this year.

We have already mentioned the EIA and cultural heritage training workshops we held for our MCEJO clients during the course of last year. While we are a small team and cannot help everyone who asks for our help, we can share resources. We plan to develop further community-friendly guides in African languages to have a much larger reach and empower communities to challenge government agencies and the private sector that violate their constitutional rights and don’t comply with the various environmental laws.

ON A HAPPY NOTE

The All Rise team was humbled by a ceremony by our clients in Mpukunyoni to thank us for the work we do for them. We were presented and adorned with traditional Zulu regalia and carved animals to represent each of us. The women took us aside and dressed us, and we were then sung and danced into the community meeting. The men and women were all in on the surprise and giving of our special gifts and speeches. Of all the days this year that stood out for us, this was it. To be appreciated in such a beautiful, strong and caring way is certainly very humbling but also validating. We are so encouraged by our clients and their courage and tenacity.

In November, Kirsten Youens was invited to speak at the 2022 Southern Africa Human Rights Defenders Summit in Lusaka on 28th and 29th of November. Kirsten presented on the panel discussion around Leveraging global perspectives to improve the situation of Land and Environmental Defenders and Climate Justice activists in Southern Africa and discussed the approaches that are improving the situation of land and environmental defenders and climate justice activists in South Africa during 2022. These she distilled into three categories: Access to justice, collaboration and progressive leaders.

It was wonderful to see friends made last year and to meet other inspiring defenders from Southern Africa. We always leave feeling encouraged and supported by a tribe of people doing their best to make a difference in the world.

Awards

Lihle was awarded the Mail and Guardian Greening the Future Award!  Lihle, an integral part of the All Rise team, is a  dedicated conservationist, activist and advocate for environmental issues. She made history in 2005 when she became the first woman of colour to earn a Wilderness Guide certification from the Wilderness Leadership School. Outside of her role as liaison manager at All Rise Attorneys, she has volunteered for groups such as Earthlife Africa, EcoPeace and the Wilderness Action Group, as she has always had a love for the outdoors. “My volunteer work entailed conserving and saving the environment, ecosystems and wilderness,” she says.

Greening, The Future is an annual environmental awards event in South Africa that recognises 40 winners in 9 environmental and sustainability categories. Greening the Future was launched by the Mail & Guardian in 1998 and has been an annual celebration of environmental and sustainability trailblazers and heroes ever since.

Kirsten was awarded third place in the category of outstanding human rights activist, social justice activist, and pro bono woman lawyer at the Woza Africa Awards in August. WOZA AWARDS are annually presented to women lawyers in Africa in recognition of their outstanding dedication, achievements and contribution to the profession, whether its services, legal education, human rights or the pro bono sector. 

We look back on 2022 with gratitude to all those who support us, our clients whom we do this for, and the successful collaboration and partnerships with other law clinics and community leaders that allow for creativity, learning and achievement.

Here’s to a busy and successful 2023.

Kirsten, Janice and Lihle

**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.