By Nathi Kunene
Tendele Mining, owner of the Somkhele anthracite mine in KwaZulu-Natal would like to comment on the article “Communities protest, petition against Petmin’s Somkhele mine” published on June 6, 2024.
The first point to note is that the protesters, apparently members of the Mfolozi Community Environmental Justice Organisation (MCEJO) represent a handful of members of the 220 000-strong community.
This vocal but insubstantial group has been supported by their activist legal representative. It is not a mere assertion of mine management to suggest that MCEJO is unrepresentative. This assertion is supported by first, a recent independently observed ballot carried out as part of the May 2022 Judge Bam order that the mine undertake a vote in terms of the Interim Protection of Informal Land Rights Act (IPILRA) for the mine’s expansion plans that would extend the life of the mine by at least 10 years.
More than 90% of voters in Emalahleni and Opondweni supported the expansion of the mine. This in a community situated within the Mtubatuba Municipal area, part of the uMkhanyakude District Municipality, which has a high-unemployment rate and where more than 83% of households live below the poverty line.
Secondly, the so-called community protests have done more than anything else to unite the community in support of the mine’s expansion.
The protests have drawn together leaders of the community’s traditional leadership, the local municipality, the representative trade unions Amcu and NUM and leaders and members of the business community.
Their views were clearly expressed in an article earlier this year https://www.dailymaverick.co.za/article/2024-01-04-communities-support-for-tendele-mine-will-not-be-subdued-by-half-truths-and-dubious-research/.
To quote one extract: “The sadness in the community is the direct result of environmentalists purporting to act in the interests of the community, relentlessly trying to close the mine resulting in some 1 600 community members losing their jobs (of which 87% are local community members), some 70 local entrepreneurs losing their business and the loss of livelihoods of some 20 000 people in our community, due to Tendele Mine’s inability to access future mining areas.
“Furthermore, some 139 families that agreed to be relocated cannot be relocated, due to the inexplicable actions of the environmentalists… The delay in accessing future mining areas due to the court challenges mounted by MCEJO has dealt a severe blow to the economic struggles faced by our families.”
We are sure the community leaders would be open to be contacted by any journalist seeking to produce a balanced report or analysis of the situation.
In its “Stalingrad”-type legal strategy, MCEJO has brought at least six court applications intended to close the Somkhele Mine, and failed six times. In no court has the presiding judge ruled for the closure of the mine. There was one ruling that required Tendele to repeat the public participation process due to procedural issues the first time it was carried out.
That was done conscientiously by us, and the independently observed ballot confirmed the massive community support for the mine’s expansion.
This public participation process has been extensive, with 29 meetings held and 21 studies conducted which will ultimately lead to the compilation of a draft EIA/EMPR that will be concluded parallel with the commencement of mining.
Incidentally, the protest action reported on was unlawful, according to a statement by the Mtubatuba mayor, as the demonstrators’ legal representatives neglected to follow standard legal processes required to organise a demonstration.
This illegal march also proved the small local membership base of MCEJO as it was attended by less than 100 people, with most attendees being transported in from outside of the Mpukunyoni area.
Tendele remains committed to balancing economic development with environmental and community interests. The extensive public participation process and the draft 2024 EMPR/EIA reflect this commitment. The overwhelming support and interest from the local community highlight the significant positive impact that the mine has had and will have on local livelihoods, particularly in a region struggling with high unemployment and low income.
The draft 2024 EMPR/EIA is now open for public comment, and Tendele looks forward to working with all stakeholders to ensure the continued development and success of the Somkhele Mine, bringing hope and economic opportunities to the community.
Thank you for the opportunity to offer a balanced perspective on the report.
Nathi Kunene is Tendele’s business development director.
BUSINESS REPORT