QUESTIONS AND ANSWERS

TONY CARNIE

1 Can Tendele please clarify exactly what construction/clearance work it/its contractors
have undertaken at Emalahleni/Ophondweni over the past four weeks (i.e. roads,
staging areas, fencing, exhumation of graves, relocation of homesteads, process
works etc) and what is the purpose of this activity?

The purpose of the activities is to give effect to the granted Mining Right and EMPR.
Tendele has commenced with bush clearing, development of a hard park, (where all the
equipment are kept when not operating) , brought equipment to site, fencing of the area,
relocation of homesteads, and employment 70 community members.

2 What further clearance/construction work is Tendele contemplating in these areas in

regard to the commencement of mining operations over the coming weeks and
months?

In the coming weeks at Emalahleni, relocation households will continue, further equipment
will be brought to site, employment of more people will continue to do the construction and
clearance of areas where we intend to conduct further mining activities in accordance with
our approvals.

3 What is Tendele's understanding with regard to the ruling of Judge Koen in respect of
any activities that are permissible/not permissible with regard to the commencement
of mining operations? In simple terms, is it Tendele's position that it is legally entitled
to proceed with wholesale mining operations at Emalaheni, Ophondweni and Mahujni
- including the construction of processing facilities, blasting and physical extraction
of anthracite ore before the completion of the EIA process and the reconsideration of
the appeal process by the DMRE Minister?

Yes, our legal position following the Koen Judgement is that that Tendele is permitted to
utilise its Mining Right and EMPr while the appeal is still pending.

4 If so, what is the purpose of conducting an EIA process, public participation process
and allowing the Minister to consider and finalise the appeal process if Tendele's
intention to proceed with mining before these other processes have been concluded?

As per the Bam J Judgement, and as confirmed by Judge Koen, both the Mining Right and
EMPr remained valid allowing Tendele to mine in parallel to the EIA process and public
participation process (PPP). Put differently, had the EIA process and PPP needed to be
completed before mining, then Judge Bam would have simply suspended both the Mining
Right and EMPr until the Minister decided on the EIA and PPP process.

What the EIA and PPP process does allow is for Interested and Affected Parties and
Tendele to place new information before the Minister for reconsideration.

In doing this, since May 2022 Tendele has undertaken an extensive including significant
community involvement and attendance at 27 meetings with the Draft 2024 EMPR/EIA
currently out for comment.

Once the PPP is concluded, Tendele will submit all information and findings to the Minister .

5 How many people does Tendele propose to relocate from Emalhleni, Ophondweni
and Mahujini? How many of these homesteads have agreed to be relocated? How
many have signed relocation agreements?
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Tendele intends to only relocate the families that must be relocated in order to conduct
mining operations safely, on the areas of the mining right where actual excavation will take
place. This is a phased approach and to date 139 families out of 143 families have signed
relocation agreements.

6 What is Tendele's response to allegations that a number of homes in these areas

have been demolished and graves exhumed, including homestead occupants that
have not consented to move?

The allegation are not true.

All relocation has been undertaken in accordance with the relocation agreements signed
with each respective family.

The grave relocation process has been undertaken under the supervision of each affected
family, PGS Heritage, North Coast Funerals, SAPS and District Environmental Health, and
in accordance with the process as set out by AMAFA, the provincial heritage resources
authority.

7 If any homesteads have not agreed to be relocated, how does Tendele propose to
conduct mining operations if there are still some homesteads located within 500m of
the mine where the owners have not consented to move?

Tendele will act in accordance with the law, and will continue to negotiate in good faith.

8 The EIA documents published last week do not contain Appendix 25 (the RAP).Can
Tendele explain or comment on the reasons for this omission?

Tendele concluded relocation agreements with the relevant households in Emalahleni and
Ophondweni prior to the publishing of the Mine Community Relocation Guidelines.
Accordingly, a RAP was not necessary or applicable in the circumstances. However,
Tendele has started post relocation audits to ensuring families are better off, and in years to
come, will continue to do so.

For Mahujini, a RAP has been prepared and Tendele has undertaken not to start mining in
Mahujini before relocation negotiations have been concluded and families have been
relocated.

9 The EIA documents also appear to exclude a map of the proposed Biodiversity Offset
area referred to in the recent MOU signed by Tendele and Ezemvelo, nor a description
of the size/extent of the proposed offset area? Can Tendele please provide a map and
further details in this regard?

The full details of the proposed biodiversity offset plan have been agreed to and submitted
to the relevant authority.

10 What processes will be followed to consult the owners/occupants of the proposed

Biodiversity Offset area at Fuleni? On what basis can Tendele enter into an MOU
agreement with Ezemvelo if the occupants have not been consulted or provided their
consent for this Offset area proposal beforehand?

Tendele has and will continue to comply with all processes required by law.

Additional Information
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Since we have advertised the initial positions to start mining, we have received over 5 000
job applications. We have also started engaging with local businesses and have received
over 100 company profiles. We can see from this overwhelming support and interest that
there are many people who are in dire financial straits and are looking for financial
opportunities in the area. We want to assure that anyone that has showed an interest to
work for or with the mine, that even if they are not successful on their application, they will
remain on our database and will be contacted if positions and opportunities arise.

We also want to thank the local community for their support during the scoping phase
process where we obtained overwhelming support as outlined in the Draft 2024 EMPR/EIA
as submitted.

In total, 27 meetings were held from October 2022 until February 2024. All comments and
responses were captured as received during this process and are captured in the
Comments and Response Report (CRR) and Annexures.
The PPP is ongoing and is an integral part of the Draft 2024 EIA/EMP that is currently
circulated in the public domain for comment. All issues of concern will be captured and
considered for inclusion in the final reviewed and updated EIA/EMP.

This Comments and Response Report (CRR) is an annexure to the Draft 2024 EMPR/EIA.

The Amicus included in the CRR as Annexure K under Appendix 2 includes the Mpukunyoni
Traditional Council (operating as Mpukunyoni Traditional Authority) (“MTC”), Mpukunyoni
Community Mining Forum (“MCMF”), National Union of Mineworkers (“NUM”) and
Association of Mineworkers and Construction Union (“AMCU”).

The above entities represent more than 90% of the community members and employees of
Tendele. Collectively, the above members are directly affected and impacted upon by the
mining operations of Tendele and have vested interests in the continued mining operations
of Tendele. As outlined in Annexure K under Appendix 2, the Amicus has indicated their
full support for mining in the area.

We furthermore request Daily Maverick you to have as a link in your article the Amicus letter
(representing the leadership of the 220 000 people in the community) on 4 January 2024 to
the Daily Maverick (attached herewith and to be found at
https://www.dailymaverick.co.za/article/2024-01-04-communities-support-for-tendele-mine-
will-not-be-subdued-by-half-truths-and-dubious-research/), as outlined in the Comments and
Response Report (CRR), an annexure to the Draft 2024 EMPR/EIA that is clearly outlining
the support for the mine.

We want to invite all interested and affected persons to please partake in the public
participation process currently underway.