In the first instance we wish to offer you the broader context of the comments made by Ms Janice Tooley, an attorney with All Rise Attorneys acting for the Mfolozi Community Environmental Justice Organisation (MCEJO). The first point to note is that All Rise have launched, and lost, six court applications against Tendele since 2017 in their efforts to achieve the closure of the mine. In one of the more recent court cases, Judge Bam did, in a 2022 finding, note certain inadequacies in the public participation process (PPP) carried out by the mine in its efforts to achieve the right to extend its mining to additional areas (which will enable the mine’s life to be extended by another ten years) under a mining right and EMPr awarded in 2016. The Judge required us to repeat the PPP, which is what we have been pursuing conscientiously since then.

…As to the report of which Ms Tooley has spoken so negatively, Tendele appointed, in terms of Judge Bam’s ruling, suitably qualified experts and specialists, including suitable environmental assessment practitioners (EAPs), M2 Environmental Connections, to facilitate and run proceedings. Since September 2022, WSP (a global environmental consulting company) has acted as an independent facilitator that has chaired all public meetings in the PPP. All Rise and their clients have participated in the PPP since July 2022, and the Comments and Response Report indicates that All Rise has continued to be obstructive during the PPP. This includes attempts to stop specialists from conducting their studies, attacking both the EAP and independent facilitator, being disruptive in some meetings held with them and their clients, and arranging an illegal march in the community without approval from the municipality which the police then stopped. The EAP prepared a Scoping Report that included a detailed Comments and Response Report, which was subjected to public participation and provided this to the regulator.