Mfolozi Community Environmental Justice Organisation and Others v Tendele Coal Mining (Pty) Ltd and Others (3518/2023P) [2023] ZAKZPHC 72

14th July 2023

Mfolozi Community Environmental Justice Organisation and Others v Tendele Coal Mining (Pty) Ltd and Others (3518/2023P) [2023] ZAKZPHC 72

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[1]          The applicants[1] seek an interim interdict, in terms of Part A of the notice of motion, the relevant part reading as follows:

‘2.        The First Respondent is interdicted and restrained from undertaking [or] commencing with any mining and mining-related activities listed in its notices dated 14 February 2023 and 15 February 2023, as supplemented by its letter of 24 February 2023, which related to the First Respondent’s mining right described as “Part of Remainder or Reserve 3, No 158822, Hlabisa Magisterial District, measuring 21 233 0525 hectares, 222km2 KZN30/5/1/2/2/10041MR” and the related mining areas, pending the finalisation of Part B of this Notice of Motion.

3.         Any Respondent opposing the application is ordered to pay the Applicants’ costs, including the costs of three Counsel.’