Trade Line Namibia (Pty) Ltd v Nambib Resources (Pty) Ltd and Another (SA 3 of 2003) [2003] NASC 14 (12 August 2003)

Trade Line Namibia (Pty) Ltd v Nambib Resources (Pty) Ltd and Another (SA 3 of 2003) [2003] NASC 14 (12 August 2003)

Withdrawal of an application for a mining licence does not cause the exclusive prospecting licence to lapse if the allocated term of the EPL has not expired; the EPL endures until its term expires or is otherwise lawfully terminated.

Citation
[2003] NASC 14
Parties
Appellant: Trade Line Namibia (Pty) Ltd.; Respondent: NAMBIB Resources (Pty) Ltd.; Respondent: Ministry of Mines and Energy
Court
Supreme Court
Jurisdiction
Namibia
Judgment Date
12 August 2003
Case Number
SA 3 of 2003
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Exclusive Prospecting Licence, Withdrawal of Mining Licence Application, Statutory Interpretation, Costs
Source Language
English
Administrative Law Mining Law Exclusive Prospecting Licence Withdrawal of Mining Licence Application Statutory Interpretation Costs

Case Brief

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Parties

Trade Line Namibia (Pty) Ltd.

Appellant

NAMBIB Resources (Pty) Ltd.

Respondent

Ministry of Mines and Energy

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether withdrawal of an application for a mining licence causes the underlying exclusive prospecting licence (EPL 2696) to lapse under the Minerals (Prospecting and Mining) Act, 1992.

Ratio Decidendi

Withdrawal of an application for a mining licence does not cause the exclusive prospecting licence to lapse if the allocated term of the EPL has not expired; the EPL endures until its term expires or is otherwise lawfully terminated.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The appellant, Tradeline Namibia (Pty) Ltd., must pay the costs of appeal, including the cost of one instructing legal practitioner and two instructed counsel.