‘Unions and traditional council take aim at non-profit law firm in KZN coal mine expansion saga’ 20 May 2022

Unions and a traditional council have taken aim at a non-profit law firm representing community members opposed to the expansion of a KwaZulu-Natal coal mine and have called on the attorneys to reveal their true motives and those of its funders. In a joint statement released by DMS Attorneys on behalf of the Association of Mineworkers and Construction Union (AMCU), the National Union of Mineworkers (NUM), the Mpukunyoni Traditional Council, and Mpukunyoni Community Mining Forum this week, the group levelled harsh allegations against All Rise, a law clinic for climate and environmental justice, going so far to label its opposition to the coal mine’s activities in KwaZulu-Natal as "tantamount to a gross human rights violation". All Rise has condemned these comments as "hugely irresponsible".

…Tensions have been simmering around the coal mine’s expansion for years and boiled over in October 2020 when Fikile Ntshangase, an activist opposed to the project, was assassinated. The DMS statement called on All Rise and its funders to account to the local community and accused the law firm of pursuing an "obvious agenda to close the mine". The unions, the traditional council and the community mining forum said they represented the employees of the mine and more than 95% of the community of Mpukunyoni, which has a population of 220 000. Meanwhile, the DMS statement claimed MCEJO had 3 000 members in South Africa, and 550 members were from the Mpukunyoni community… All Rise’s actions are tantamount to a gross human rights violation as the implications of its actions will have a direct and seriously detrimental impact on … the community."

…"It is hugely irresponsible of DMS to label the actions of a law clinic, pursuant to its mandate, as 'tantamount to a gross human rights violation' simply because they do not approve of its mandate or because All Rise was successful in its application against [DMS’s] clients," she said. Such an attack on All Rise can only be intended to intimidate, harass and silence the organisation, Youens noted, adding that the unions have chosen to fan the flames of division and blame MCEJO and All Rise for the predicament Tendele finds itself in. "Tendele chose to ride roughshod over the rights of the community. They only have themselves to blame, and the onus is on them not to make the same mistakes in the process that must follow," said Youens. "It is unclear what DMS hopes to achieve by conducting what is effectively a form of post facto litigation against All Rise in the public domain. We do not intend, however, to accept the invitation to do so."