Within six to nine months, the controversial Coal of Africa mining saga near the Mapungubwe World Heritage Site might be a thing of the past. This follows the Australian mining company’s announcement last Wednesday that they had received the go-ahead for their Vele mine from the Department of Environmental Affairs (DEA).

According to a CoAL press release, the DEA, with effect from July 5, authorized CoAL’s application for rectification in terms of section 24G of the South African National Environmental Management Act (NEMA). This authorization follows only a month after CoAL had to pay the DEA R9,25 million in administration fines as a precondition to enable the DEA to consider the rectification application for the Vele project. CoAL had to cease certain activities at the mine, after the Green Scorpions issued them a compliance notice on August 5 last year with the site reported to be 95% complete already.

As part of the DEA’s authorization, there are “specific conditions” imposed on CoAL “due to the uniqueness of the area”. CoAL was, however, mute about these conditions.

CoAL states that the Vele-project is expected to be completed within six to nine months from the restart date. When completed, the project is expected to produce an initial profile of one million tonnes of coal per annum.

Chief executive officer for CoAL John Wallington welcomed the DEA’s decision and said the new developments were a significant step towards the re-opening of the mine. “We are very aware of our broader obligation to the responsible development of our assets, and we are acutely aware of the sensitivity of the area and the significant responsibilities the approval brings,” said Wallington. “We are committed to engaging continually with all key stakeholders as development resumes and operations commence,” he added.

The decision was, however, not met with as much enthusiasm by the Save Mapungubwe Coalition. Their main objection is that, to date, none of the affected parties has received any notification of the decision by either the DEA or CoAL. Shortly after CoAL’s announcement, the coalition said they considered the decision by the DEA wholly inappropriate “in light of CoAL’s considerable resources and status as a publicly listed company who ought to be fully aware of its obligations under law.”

“It is not clear why the department is allowing CoAL to legitimise their illegal activities,” said coalition spokesperson Hayley Komen.

The coalition has subsequently taken a decision to take “all appropriate legal measures” to challenge the DEA’s decision. Komen said that the coalition had already started interdict proceedings to stop CoAL from carrying on any mining or related operations on the Vele site. Particularly, states the coalition, because the DEA’s authorisation only applies to some of the illegal activities undertaken by CoAL on the mining site. According to them, CoAL has a second outstanding rectification application, which is currently open for public comment until July 29. Without the necessary authorisation, these activities may not commence.

“The coalition will submit comprehensive objections to the second rectification application,” said Komen. The coalition will also be lodging an appeal against the granting of the integrated water use licence.