Kangra Sets Record Straight on Business Day article
PRESS RELEASE
22 September 2023, Johannesburg
BUSINESS DAY PUBLISHED AN ARTICLE ON 14 AUGUST 2023 UNDER THE HEADING ‘‘FARMERS COURT ORDER FORCES COAL MINER TO STOP MPUMALANGA OPERATIONS”
The article deals with an important matter of public interest but fails to give an accurate or complete account of the facts.
It is therefore unfortunate that the publication did not offer Kangra an opportunity to comment before publishing the article. Firstly, it is important to note that the mining operations mentioned have not ceased. This is because the court order to which the report refers is under appeal and is therefore suspended.
The judgment was in relation to a legal technicality and not about Kangra’s alleged failure to comply with environmental mining regulations. The case does not concern an allegation that Kangra has breached any mining, environmental or water use law, regulation, or rule. Kangra has lodged an application for leave to appeal against the judgment which in turn suspends the order of the High Court.
The portrayal of the applicant or farmer as a heroic figure whose sole mission is to save the environment from being destroyed by an unscrupulous mining company, is also not a true reflection of the matter.
Informing the reader of the farmers’ real profile would have given a more balanced view of the situation. The applicant is in fact the owner of an established commercial enterprise, who is using the environmental plight as a ruse to cover their true motives. Publicly available affidavits that were filed before the court make it clear that the farmer is not opposed to coal mining operations taking place in the area. Instead, they demanded payment from Kangra in exchange for supporting the company’s mining activities.
It was only after Kangra refused to comply with the farmer’s request that they proceeded to lodge a case to get their way. Kangra has stood firm in refusing to engage in corrupt business practices. If Kangra had undertaken to pay the commercial farmer the monies they demanded, the case would never have seen the light of day.
It is necessary to summarise the events that led to the judgment. The Department of Water Affairs issued a water use licences to Kangra in September 2021. The National Water Act provides that an appeal may be lodged against a water use licence within 30 days after the licence was issued (or reasons given if sought). If a valid appeal is lodged, the law provides that the licence is suspended until the Tribunal hears the case or the Minister orders that the mining may continue. The commercial farmer lodged an out of time appeal to the Tribunal in July 2022. At this point the 30-day period had already lapsed, invalidating the appeal against the licence. In October 2022 Kangra started mining in the area. The commercial farmer applied to the High Court for an order stopping the mining in July 2023.
Kangra has acted lawfully through obtaining all the required mining rights as well as environmental and water usage licences through the relevant regulators. This process was spearheaded by leading scientists including environmental specialists. Extensive public participation meetings were also conducted.
Kangra maintains its position as an ethical miner. The undisputed facts before the court are that almost 700 people are employed by Kangra. Significant capital investments have been channelled toward operations and social and labour plans. The farmer’s malicious campaign to destroy these efforts could affect surrounding host communities and hundreds of employees who depend on the mine to sustain their livelihoods. Given the high unemployment rate in this country, it is unbecoming that progress should be stopped at the whim of individuals who want to use the courts for selfish gains.
The legal position today is therefore as it was before the court case: There is a dispute about whether the farmer's appeal to the Tribunal was lodged within the legally prescribed time and whether the requirements of an interdict have been met. In these circumstances Kangra is not prevented from exercising its mining right.
For more information, contact:
Menar Corporate Communication Department: Siphiwe Tame
Tel: +27 11 783 7996 | Email: pr@menar.com