CER admitted as amicus in appeal of troubling judgment against mining-affected community

CER admitted as amicus in appeal of troubling judgment against mining-affected community  

On 13 February 2020, the Supreme Court of Appeal (SCA) admitted the Centre for Environmental Rights as an amicus curiae (friend of the court)?in an appeal by the Global Environment Trust and Others against a 2018 judgement of the Pietermaritzburg High Court. In that judgment now under appeal, the court had refused to grant an interdict application brought by the Applicants against Tendele Coal Mining (Pty) Ltd and had ordered public interest litigants to pay the legal costs of the coal mining company.

The CER intervened in the matter because of its concerns that the judgment opened the door for mining companies to operate illegally. The CER is also concerned that the negative costs order against public interest litigants would discourage communities from approaching the courts to defend their constitutional rights through the fear of being debilitated by having to pay the legal costs of industry and the State.