Tribunal grants the Phola Communities’ intervention application
in proposed coal mining merger

 
The Phola community, Phola Mining Community Development Trust and the Phola Ogies Rural Mining Forum Community Cluster (“the Phola Communities”) have been granted leave to intervene on limited grounds in the Tribunal’s proceedings involving the proposed large merger between Thabong Coal (Pty) Ltd and South32 SA Coal Holdings (Pty) Ltd.
 
The Phola Communities recently applied to the Tribunal for leave to intervene in the merger proceedings. During a hearing held virtually (online) on Friday, 16 October 2020, the parties indicated that they had reached an agreement relating to the scope of the Phola Communities’ intervention. The Tribunal raised certain issues with both parties regarding the scope of the intervention.
 
The Tribunal has issued an order which, in effect, recognises the Phola Communities as participants in the upcoming proceedings i.e. they will be able to file written submissions relating to certain public interest-related considerations. They may also make oral submissions at the hearing on those issues and may question the witnesses of the merger parties.
 
The merger parties may lead evidence on the issues raised by the Phola Communities. In terms of the order, they must provide the Phola Communities with the trust deeds relating to the community trust that has been established by the acquiring firms.