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Home BREAKING NEWS

High court grants Liberty Coal right to access land

by Lucas Shongwe
June 3, 2025
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MIDDELBURG – The Mpumalanga High Court has granted Optimum Colliery, now operating as Liberty Coal, the right to continue mining on a farm in Middelburg, following a legal dispute with the landowner.

The Middelburg sitting of the High Court ruled on Friday, May 16, 2025, that the owner of Bosmanspruit farm had not acted in good faith in Liberty Coal’s attempts to reach a fair and swift compensation agreement.

In April, Liberty Coal approached the court on an urgent basis after several months of unsuccessful attempts to resolve the matter amicably with the landowner. The dispute began in November last year when the landowner barred the mine from accessing the property until compensation talks were concluded, including for potential crop losses.

Leon Cass, the sole director of Bosmanspruit, argued that mining operations would lead to losses amounting to nearly half a million rand in farming costs and crops, equivalent to his annual net profit. He further estimated losses of close to R19 million if mining proceeded before the finalisation of compensation.

The court has now granted Liberty Coal access to the property and issued an interdict against Bosmanspruit, its employees, and any representatives from interfering with the mine’s operations. It also ordered the landowner to pay the legal costs of the application.

Liberty Coal’s acting CEO, Hlayiseka Chauke, welcomed the ruling, saying it affirms the mine’s legal right to access and operate on the land it holds mining rights for within the Optimum Colliery.

“This judgement confirms that our sustained efforts over the past six years to rescue and restore Optimum Colliery are indeed justified,” Chauke said.

He added that despite the company’s best efforts to negotiate fairly, the landowner’s constantly shifting demands left them with no choice but to seek relief from the court.

“As a responsible corporate citizen, Liberty Coal values constructive and fair relations with regulatory authorities and all stakeholders affected by our work. We remain committed to restoring Optimum Colliery as one of the country’s leading coal mines,” Chauke said.

He further noted that the company’s ongoing infrastructure refurbishment and plans to redevelop rehabilitated areas for agricultural use would continue creating job and business opportunities for nearby communities, local entrepreneurs, and landowners.

Lucas Shongwe

Lucas Shongwe

He holds a distinguished background as a freelance writer and broadcast journalist, with contributions to various print and radio platforms in the esteemed province of Mpumalanga. His professional journey begin in 2012, during which he made significant contributions to several media outlets, including in-house publications for the Steve Tshwete and Nkangala district municipalities in the Nkangala region.

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