Last week, the North Gauteng High Court decided to reserve its judgement and postpone the interim court interdict against the Environmental Authorisation for CoAL of Africa Ltd’s proposed mine.

The proposed mine will be situated approximately 65km southwest of Musina, and if it becomes a reality, it will completely surround the indigenous Mudimele community.

The interim court interdict was issued in December 2014, following an urgent application lodged by the Vhembe Mineral Resources Stakeholders Forum (VMRSF). Because of the interdict, CoAL compiled a revised environmental impact report. The company, however, opted to launch a counter-application in March this year in an attempt to set the interdict aside.  

High Court Judge Neil Tuchten said the Mudimele community’s constitutional right to a clean environment was so important that the interim order should remain in force until such time that proper clarity has been acquired over the legality of the environmental authorization to CoAL. Judge Tuchten further added that members of VMRSF’s right to a clean environment and a life must be weighed against CoAL’s finances and their shareholders' interests.

Tuchten also made a judgement in favour of CoAL. He said it was not necessary for the company to have to conduct a strategic regional impact assessment for the mine.

The chairman of the VMRSF, Mr Phile van Zyl, said last week that the court’s endorsement was an important victory for environmental justice. They are heavily opposed to the idea of the Makhado mine, which will see five open-cast pit mines come into operation.

In a media statement last week, CoAL said that it would study the judgement and review all its options. “Based on the interim nature of the interdict, and various other factors, we do not believe that it will delay our timeline regarding the commencement of the construction in the second half of 2016,” reads the statement. CoAL is also still waiting for their integrated-water-use licence to be approved.