As part of legislative requirements, Coal of Africa Limited (CoAL) had to pay close to R10 million in administrative fines to the Department of Environmental Affairs.

CoAL’s CEO, Johan Wallington, confirmed last Wednesday that, as part of the Section 24G applications, their wholly owned subsidiary, Limpopo Coal Company (LCC), paid a whopping R9.25 million over to the department.

The 24G application, in terms of South African legislation, was brought by LCC to comply with all legislative requirements, including the compliance notices issued in respect of CoAL’s Vele Colliery.

According to CoAL, the payment of the administration fine is a precondition to enable the DEA to “consider and decide upon the rectification application relating to an environmental authorisation for Vele Colliery.”

In August last year, CoAL had to stop all activities at Vele near the Mapungubwe World Heritage site, with the site reported to be 95% complete already, after a combination of environmental organisations, together with the DEA, intervened.

“CoAL continues to engage with the South African Government in good faith and transparently in order to co-operate and comply with all legislative requirements,” said Wallington. The "Save Mapungubwe Coalition", however, did not welcome these new developments in the dragging mining saga.

Shortly after CoAL’s announcement, the coalition indicated that they were planning to oppose CoAL’s new rectification application. A criminal docket against CoAL has already been opened and, according to the coalition, was submitted to the National Prosecuting Authority (NPA) for consideration. Should the prosecuting proceed, CoAL might become liable for more criminal penalties, in addition to the administrative fine paid on Wednesday.

Furthermore, the coalition indicated that, should the DEA grant authorisation to CoAL, despite their objections, they would be left no other choice but to resort to legal remedies, especially if all of CoAL’s other rectification applications for their other mining activities are taken into consideration.

According to the coalition, CoAL applied for rectification for its Mooiplaats mine.

“It is not clear why the DEA is entertaining this attempt by CoAL to ‘regularise’ its illegal activities at all,” said the coalition.