The coalition of eight community and civil society organisations has launched new legal proceedings against Atha-Africa Ventures’ proposed coal mine inside a protected strategic water source in Mpumalanga.

The new proceedings are a judicial review application to set aside the decision of the Mpumalanga Department of Environmental Affairs to grant an environmental authorisation to Atha for its proposed Yzermyn underground coal mine.

The review application is coupled with an interdict preventing the start of any activities at the proposed mining site pending the outcome of the review.

Crucial for water security

Centre for Environmental Rights (CER) attorney Catherine Horsfield says, “The proposed mine would fall within a Strategic Water Source Area, which means that the area has been identified as crucial for the water security of South Africa and its people.

“The proposed mine would be located in a water source of the Vaal River System, which supports the water needs of South Africa’s economic hub, Gauteng. The proposed mining area also falls within the headwaters of the Usutu River which flows through Swaziland and, after joining the Pongola River, flows into Mozambique. Consequently, the health of this river system is also relevant to South Africa’s international obligations. All of these users will be affected should a source of those rivers be compromised.

“As a country, we cannot let this happen,” he insists.

Controversial approvals

The Mpumalanga Department of Environmental Affairs and the MEC granted environmental authorisation to Atha despite longstanding recognition of the strategic environmental importance of the area.

The coalition says the Portfolio Committee on Environmental Affairs has expressed concern about the proposed mine, and has interrogated Minister Molewa and the Department of Environmental Affairs about their decision to approve the proposed mine on a number of occasions.

Every regulatory approval for this proposed mine has been challenged by the coalition through administrative appeals and High Court proceedings. The coalition believes it has good prospects of success, and that the approvals will be set aside by the courts in due course. If necessary, the coalition says it will take this matter to the Constitutional Court.