A resident near the abandoned Imbabala Coal Mine near Ermelo.
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.
