Exxaro Prevails in Resettlement Case Over Labour Tenants in Mpumalanga

An extensive legal confrontation came to a conclusion as mining behemoth Exxaro secured a judgement to evict the Sindane family from their ancestral land in coal-abundant Mpumalanga, South Africa, a residence of over six decades, to make way for mining activities.

The land dispute accentuated the complex nexus between mining operations, land justice, and prolonged bureaucratic processes in South Africa. The Sindane family, among others, found themselves in the middle of a land rights entanglement when Exxaro Coal, a subdivision of the Johannesburg Stock Exchange (JSE)-listed Exxaro Resources, received mining rights in 2013 encompassing their homesteads.

Following the acquisition, Exxaro initiated a considerable resettlement project involving 32 families, emphasizing that proximity to mining operations posed significant health and safety risks due to blasting and other ancillary activities. Phumulani Agri-Village was constructed, a resettlement offering that included extensive residential and agricultural accommodations, modern utilities, and community infrastructure. Exxaro also accommodated cultural considerations, relocating approximately 150 gravesites.

While other families agreed to relocate by 2019, the Sindanes steadfastly refused, pinning their hopes on a land claim filed under the Labour Tenants Act. Initiated by the late family patriarch, Frans Sindane, in previous years, the claim remained unprocessed, emblematic of the administrative backlog plaguing South Africa's land restitution efforts.

The tragic reality is that the delay in addressing the labour tenancy claim prevented the Sindane family from potentially claiming ownership before the issuance of mining rights to Exxaro. This could have placed them in a significantly different negotiation position with the company.

A judgement by Judge Jane Cowen, however, validated the original resettlement agreement which Frans signed, leaving the Sindane family with no legal alternative but to relocate. The court decision brings forth the wider societal issue of timely access to land justice and the implications of historical discriminatory land practices. While underscoring respect for the family's long-standing connection to the land, the judgement also acknowledged the harsh reality of administrative delays, which ultimately left the Sindanes with no claim to their historical home.

With the Sindane family being ordered to vacate by the end of January 2024, they have been offered two houses in the Phumulani Agri-Village by Exxaro. This location includes houses equipped with three boreholes, solar-powered geysers, and other modernities designed to facilitate a swift transition and sustainable future. Despite the judgement, the court emphasised that none of its orders prejudice any rights the Sindane family might hold as labour tenants or any further claims they pursue under the Labour Tenants Act.

Contact attempts with the Sindane family for comments on the court’s decision were unfortunately not successful by the time of this publication.