KRIEL – A dispute over Eskom-owned staff housing in Kriel, eMalahleni, has intensified, with mining advocacy group MACUA calling for evictions to be halted, while Seriti Power maintains that it has followed due legal process and cannot continue housing non-employees. Seriti took over Kriel Colliery in March 2018 as part of its acquisition of Anglo American’s Eskom-tied coal operations. Former Anglo American employees transitioned to Seriti, while the houses at the centre of the current dispute remained owned by Eskom and were used as Seriti’s staff accommodation.
MACUA, which stands for Mining Affected Communities United in Action, said it had met with eMalahleni Local Municipality officials to discuss the matter. The organisation argued that evictions should be paused because the municipality told the High Court in November 2024 that it was “severely constrained” and could only offer unserviced stands at Thubelihle Extension 6.
“Housing is not a benefit you lose when you lose your job, it’s a human right,” MACUA spokesperson Sabelo Mnguni said. “We cannot allow mining companies to use eviction as a first resort while municipalities have no capacity to respond.”
MACUA proposed that Seriti, Eskom and the municipality jointly fund transitional housing instead of leaving families to move to unserviced land.
The matter involves 59 respondents before the Mpumalanga High Court in Middelburg. The properties are owned by Eskom and were originally made available to Anglo American employees and subsequently to Seriti employees as part of their conditions of service.
On 31 May 2022, the Mpumalanga High Court granted an eviction order, declared the occupants unlawful and ordered them to vacate by 31 October 2022. The court also directed the municipality to assist qualifying respondents with temporary emergency accommodation. Costs were awarded against the respondents.
An appeal was lodged, with judgment delivered on 22 May 2024. Later that year, the Supreme Court of Appeal refused leave to appeal. The eviction order remained in place, with the provision of temporary accommodation identified as the municipality’s responsibility.
Responding to MACUA on 12 August 2026, Seriti said evictions were not a first resort.
“The houses were allocated to employees. When Seriti acquired Kriel Colliery in 2018, we continued that arrangement. Over time, approximately 59 households came to occupy the properties with no employment link to Seriti,” Seriti senior communications officer Tshifhiwa Ramotombu said.
“Given financial pressure, Kriel Colliery could no longer sustain municipal service costs for occupants who are not employees. We have followed due legal process for several years and delayed enforcement to support a managed transition.”
Ramotombu added that while Seriti acknowledges the hardship, it cannot continue to bear the cost of housing non-employees or withhold accommodation needed for current staff. The company said it remains willing to work with Eskom, the municipality and other stakeholders on practical solutions “within the framework of the court orders.”
Some affected residents told Highveld Chronicle they had lived in the houses for more than 30 years. It remains unclear how many households have vacated since the October 2022 deadline.
MACUA said it would continue engaging the municipality and may approach the South African Human Rights Commission.
eMalahleni Local Municipality said it had indicated during previous engagements that it could assist qualifying households with residential stands, but clarified that these were currently unserviced.
“We must, however, clarify that these stands are currently unserviced. To render the stands fully serviceable, bulk infrastructure processes must be completed. This includes the provision of water, sewer and electricity distribution networks. These are critical steps required before occupation can take place,” municipal spokesperson Lebo Mofokeng said.
“At this stage, the municipality is unable to commit to specific timeframes for the delivery of bulk services or for the allocation of stands.”
Mofokeng added that the allocation process falls under the mandate of the provincial Department of Cooperative Governance, Human Settlements and Traditional Affairs (CoGHSTA), and that the municipality “is dependent on provincial timelines and funding.”
CoGHSTA, however, said it was awaiting a formal report to determine the nature and extent of the problem.
“We have engaged with the Municipality on this matter, as well as other issues related to illegal evictions and the need for housing,” spokesperson Freddy Ngobe said.
“We are awaiting a formal report from them to understand the nature of the problem, the extent of the challenge, and whether intervention is required from our side.
“Once the report has been finalised by Council and submitted to the department, we will respond accordingly based on our available resources and programmes, and determine where we can best intervene.”
