Alexkor Soc Ltd v Vast Mineral Sands (Pty) Ltd (1452/2023) [2024] ZANCHC 45 (24 April 2024)

Alexkor Soc Ltd v Vast Mineral Sands (Pty) Ltd (1452/2023) [2024] ZANCHC 45 (24 April 2024)

The court found that Alexkor's grounds for leave to appeal were impermissibly presented as argument and did not establish reasonable prospects of success or compelling reasons. Vast Mineral holds a valid prospecting right and environmental authorisation, and the absence of a water use licence does not bar access, as the right to prospect is governed by the MPRDA. The phrase 'subject to this Act' in section 5(3) of the MPRDA means the MPRDA is dominant over subservient agreements and authorisations. Exceptional circumstances exist due to the limited duration of Vast Mineral's prospecting right, substantial investment, and the negative impact of delayed access on both Vast Mineral and the...

Citation
[2024] ZANCHC 45
Parties
Applicant: Alexkor SOC LTD; Respondent: Vast Mineral Sands (Pty) Ltd
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
24 April 2024
Case Number
1452/2023
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Section 18(3) Application
Outcome
Leave to appeal is dismissed. The section 18(3) application is granted, and the order of 15 September 2023 is put into immediate operation.
Judges
Mamosebo
Legal Topics
Prospecting Rights, Environmental Authorisation, Leave to Appeal, Exceptional Circumstances, Irreparable Harm, Mineral and Petroleum Resources Development Act
Land and Property Civil Procedure Environmental Law Prospecting Rights Environmental Authorisation Leave to Appeal Exceptional Circumstances Irreparable Harm +1 more

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Parties

Alexkor SOC LTD

Applicant

Vast Mineral Sands (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal and Section 18(3) Application

Legal Issues

  1. 1 Whether leave to appeal should be granted against the judgment and order of 15 September 2023.
  2. 2 Whether the requirements for immediate execution under section 18(3) of the Superior Courts Act are met.
  3. 3 Whether Vast Mineral Sands (Pty) Ltd has a valid prospecting right and environmental authorisation.

Ratio Decidendi

The court found that Alexkor's grounds for leave to appeal were impermissibly presented as argument and did not establish reasonable prospects of success or compelling reasons. Vast Mineral holds a valid prospecting right and environmental authorisation, and the absence of a water use licence does not bar access, as the right to prospect is governed by the MPRDA. The phrase 'subject to this Act' in section 5(3) of the MPRDA means the MPRDA is dominant over subservient agreements and authorisations. Exceptional circumstances exist due to the limited duration of Vast Mineral's prospecting right, substantial investment, and the negative impact of delayed access on both Vast Mineral and the...

Court Disposition

Leave to appeal is dismissed. The section 18(3) application is granted, and the order of 15 September 2023 is put into immediate operation.

Orders

  • The application for leave to appeal is dismissed with costs, including costs of two counsel.
  • It is declared that, in terms of section 18(3) of the Superior Courts Act, 10 of 2013, the order granted by this Court on 15 September 2023 is put into immediate operation and effect notwithstanding any appeal or appeals.