Community Leader Loses Appeal Against Marikana Mining Ban
Background of the Case
Tshepo Hope Molaulwa leads the Greater Local Communities Unemployment Forum. In September 2025 a court issued an emergency order to stop him and his group from disrupting Sibanye‑Stillwater’s Marikana mine. The order barred any interference with mining activities, intimidation of workers, property damage, or road blockades.
Why Molaulwa Went to Jail
After the order was made, Molaulwa continued to protest at the site. The court found him in contempt and sentenced him to 60 days in jail. He served part of that sentence before trying to challenge the original ban.
The Appeal Attempt
In June 2026 Molaulwa filed a request to have the ban overturned. He claimed the legal papers were never properly served on him—sent to the wrong email address and delivered via WhatsApp just minutes before the hearing. Because of this, he said he never had a fair chance to object.
Court’s View on Timing
The North West High Court refused to hear the request urgently. Judges noted that Molaulwa waited about nine months after the ban was issued before filing his appeal. The delay, they said, created its own urgency and showed a lack of prompt action.
Arguments About Service
Molaulwa argued that the Sheriff of the Court could have delivered the papers faster. The court found no satisfactory explanation for why he did not act sooner, especially after his first and second arrests related to the contempt proceedings.
Judgment Outcome
Acting Judge T. Masike ruled that an urgent application must be filed without unnecessary delay. Since Molaulwa did not provide a clear reason for the nine‑month gap, the request was removed from the emergency list. He was also ordered to pay Sibanye‑Stillwater’s legal costs on a party‑to‑party Scale B basis.
Marikana’s Ongoing Tensions
The Marikana mine remains a flashpoint. It gained worldwide attention after the 2012 tragedy where police killed 34 striking miners. Sibanye‑Stillwater took over the site when it bought Lonmin in 2019. While the current case focuses on a protective order, the mine continues to symbolize broader disputes over jobs, wages, and community relations in South Africa’s platinum belt.
Conclusion
The court’s decision highlights the importance of acting quickly when challenging legal orders. Molaulwa’s failure to explain the lengthy delay led to the dismissal of his appeal, leaving the original ban in place and his contempt sentence standing. For the communities around Marikana, the case underscores the ongoing struggle to balance protest rights with the need to keep mining operations running safely and without disruption.
