‘Abandoned mine sparks constitutional challenge after child deaths and safety fears raised’ 10 June 2026

Communities living near an abandoned coal mine outside Ermelo have asked the Mpumalanga High Court to declare part of South Africa's mining legislation unconstitutional. They argue it leaves authorities without clear powers to intervene when mines are abandoned, and their owners cannot be traced. The Khuthala Environmental Care Group, together with residents of Nomzamo Agri Village, Steve Biko Settlement and Thusi Ville, have filed an application challenging section 46(1) of the Mineral and Petroleum Resources Development Act (MPRDA) as unconstitutional. This section of the Act empowers the Minister to intervene when prospecting or mining operations cause pollution, environmental damage or ecological degradation and the responsible holder fails to address it.

According to the applicants, this section is inconsistent with the section in the Constitution that guarantees the right to an environment that is not harmful to health or well-being. A statement from the Centre for Environmental Rights (CER) said the group contends that the provision doesn’t grant the Minister clear and enforceable powers to act when mines are abandoned, and owners cannot be traced, “creating a legal gap that undermines environmental protection and accountability”. The application, filed in the High Court in Middelburg, cites the Minister of Mineral and Petroleum Resources, the department's director-general and Mpumalanga regional manager, the Minister of Public Works and Infrastructure, and the Msukaligwa Local Municipality as respondents. The challenge centres on the abandoned Imbabala Coal Mine near Ermelo, which the applicants say illustrates the consequences of the alleged legislative gap.

According to the court application, Imbabala Coal ceased operations in 2011 after being ordered to stop mining without a valid water-use licence. The company was later deregistered in 2018, and its owners can no longer be traced… The CER has previously highlighted the Imbabala mine as an example of the long-term consequences of failed mine closure, citing drowning incidents, unsafe excavations and environmental contamination years after mining activities ended. In a statement accompanying the court action, attorney Thobeka Gumede of the Centre for Environmental Rights said the matter exposed what the applicants regard as a critical gap in the law. “Mining-affected communities are left to bear the devastating social, environmental, and economic costs of extraction. This is not only a legal battle — it is a fight for justice led by communities living daily with polluted water, unsafe land, and abandoned mines,” said Gumede.