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 The applicant in this matter, the National Union of Mineworkers (NUM) launched an urgent application to intervene in the main dispute between Optimum Coal Mine (OCM), Optimum Coal Terminal (OCT) and Richards Bay Coal Terminal (RBCT) and in which it sought interim relief pending the determination of the main application. This application was issued on Thursday, 2 February 2023 and set down for hearing on Monday, 6 February 2023. The papers were served on the first respondent (RBCT) on 2 February 2023. RBCT was the only entity that opposed the application. At the same time, various other voluminous affidavits were filed in the main application involving OCM, OCT, the National Prosecuting Authority (NPA) as well as the second and third respondents, being Templar Capital and Liberty Coal respectively. When the matter came before my colleague, Balton J, in the motion court on 6 February 2023, the papers had expanded to being in excess of 6 000 pages. It was impossible for all of these papers to have been read over the weekend, and the application was accordingly adjourned by consent of the parties, who were able to secure an earlier date of 16 February 2023 for the hearing of the matter on the opposed roll.
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