A fact sheet on the conflict between uMfolozi community and Somkhele mine
By Marcia Zali
For over a decade, a conflict over land and resources has been ongoing in Kwa-Zulu Natal’s uMkhanyakude District Municipality.
From forced removals, court battles, a mine operating without a water licence, a vocal community activist being gunned down by unknown men and land that can never be rehabilitated.
We have compiled some of the facts about the conflict between the uMfolozi community and Tendele mine also known as Somkhele mine.
Summary of conflict
Leading environmentalists and human rights campaigners claim that the environmental effects of some mining firms operating in South Africa can only be regarded as catastrophic.
Most mining businesses don’t even have the necessary licences to operate, and as a result, they are causing severe environmental damage all over the nation, especially in extractive industries like gold, diamond, and chrome mining.
Conflicts between mining firms and indigenous populations are becoming more common in South Africa. The Mfolozi community in KwaZulu Natal runs the possibility of being evicted from their ancestral land by the Somkhele mine, which has been operating in this region for more than ten years to clear more mining territory.
Key facts about Umfolozi community
uMkhanyakude District is one of the 11 districts in KZN and is the second largest in KwaZulu-Natal in terms of area, with a total area of 12 818 km2 and a population of 625,846.
According to the 2018 Social Audit Baseline Report, Somkele residents in KwaZulu Natal indicated that more than 50 percent of the population relied on social grants. Residents from Somkele and surrounding villages also relied on subsistence farming for their livelihood.
Tendele Mine begins operations
In 2007, the Somkhele open-pit coal mine in the uMkhanyakude District started operations without a water licence. By not having a valid water licence for about eight years, the mine violated several mining and water use restrictions.
The mine is owned by Petmin Group, which holds 80% of Tendele while a special purpose vehicle run by members of the local community and Tendele employees holds the remaining 20%.
On the uMfolozi River, the Somkhele open-cast coal mine is only 10 kilometres upstream of Mtubatuba.
Tendele produces metallurgical anthracite, a form of coal with a high energy content, is the largest one in South Africa and has relied on three plants since 2013. Over 1,1 million tonnes of coal were mined between 2013 and 2014.
In 2010 some of the affected communities within the uMfolozi area expressed their unhappiness with the mine’s operations through blockades, street protests and lawsuits. Consequently, a conflict between communities that were in support of the mine and those who were opposed to it also started.
The unresolved mysterious killing of vocal community activist Fikile Ntshangase in October 2020, is suspected to have been a hit.
Effects of mining activities
72 households have been moved from the KwaQubuka area.
Mine tailing spills, soil contamination, and water pollution have all occurred in the community.
Safe housing has been a significant issue in the community, with houses being damaged through mining activities.
Residents say mining activities have had a significant negative influence on the environment, including water, air, and noise pollution.
Livestock have suffered because of the harm that pollution has done to the ecosystem.
Up to 79% of community members indicated that there was no benefit from the mine.
Living in a dangerous environment because of blasting that occurs close to homes and the tremors that arise from it, as well as worry about communities’ rising crime rates.
Both the community members’ access to food and their prospects for employment has been impacted.
Residents’ access to clean and safe drinking water has been severely restricted by water contamination from the mine dust.
uMkhanyakude District is renowned for its inadequate infrastructure and lack of hydraulic resources especially since mining.
Somkhele mine uses subterranean water to wash the coal, the situation is worse in the Mtubatuba region, which already has a water shortage.
Due to the water constraints, numerous towns now depend on water tankers.
The lack of water in the kwaMsani settlement early in 2016 forced inhabitants to either travel more than two kilometres to fetch water from a communal water tap.
Legal battles between community and mine
In 2016, Tendele was granted mining rights to expand Somkhele mine by 212 km².
From 2017 the Global Environmental Trust (GET), Mfolozi Community Environmental Justice Organisation (MCEJO) and others have been in and out of court trying to get the court to declare Tendele Mine’s mining rights invalid.
This year in May, the Pretoria High Court made the finding that the scoping/EIA at Tendele was unlawful, there was no consent in terms of IPILRA and the public participation process was defective.
Operations at Tendele Mine have been suspended and a public participation process is currently underway.
Laws and policies
Some of the laws and policies that were violated include the following:
- KZN Heritage Act – The Act provides for the conservation, protection and administration of both the physical and the living or intangible heritage resources of the Province of KwaZulu-Natal.
- National Environmental Management Act – The Act aims to regulate waste management in order to protect health and the environment and provide measures for the prevention of pollution and ecological degradation, and securing ecologically-sustainable development.
- Environment Conservation Act – The Act provides for the effective protection and controlled utilisation of the environment and for matters incidental thereto.
- Mineral and Petroleum Resources Development Act – The Act aims to make provision for equitable access to and sustainable development of the nation’s mineral and petroleum resources.
- The right to property – Section 25 under the Bill of Rights states that no one may be deprived of property.
- The right to human dignity – Section 10 under the Bill of Rights states that everyone has the inherent dignity and to have their dignity respected and protected.
- The right to equality before the law – Section 9 under the Bill of Rights states that everyone is equal before the law and has the right to equal protection and benefit of the law.
- The right to an environment that is not harmful to their health and wellbeing; and to have their environment protected for the benefit of present and future generations.
Advocacy
Below are some of the advocacy groups that have been campaigning through marches, protests, the media and the courts to have mining operations at the Tendele mine to be halted.
The Mfolozi Community Environmental Justice Organisation (MCEJO), The Global Environmental Trust (GET) and All Rise took legal action against the mine which resulted in operations at the mine being temporarily halted.
Since the killing of activist Fikile Ntshangase, the advocacy has also focused on getting justice for her. On 21 October 2022, they marched to the KwaMsane Police Station in Mtubatuba demanding justice for Ntshangase, whose killers are still at large.
The campaign against Tendele Mine continues with support from organisations like the Wilderness Foundation, the Magqubu Ntombela Foundation, the South African Trust for Protected Areas, the Makhado Action Group, Mining Affected Communities United in Action, GroundWork and many more.
What the community wants
On top of demanding for the closure of the mine to conserve the water resources, the affected communities also demand the following:
- Fair and negotiated compensation.
- The freedom to choose where to live if they are relocated.
- To feel safe.
- Justice for the late Fikile Ntshangase.
- The restoration and conservation of the environment.
- Unity and peace in the community.
