Bengwenyama Minerals (Pty) Ltd and Others v Genorah Resources (Pty) Ltd (Formerly Tropical Paradise 427 (Pty) Ltd and Others (71/09) [2010] ZASCA 50; [2010] 3 All SA 577 (SCA) (31 March 2010)

Bengwenyama Minerals (Pty) Ltd and Others v Genorah Resources (Pty) Ltd (Formerly Tropical Paradise 427 (Pty) Ltd and Others (71/09) [2010] ZASCA 50; [2010] 3 All SA 577 (SCA) (31 March 2010)

The Supreme Court of Appeal held that the prospecting right was validly granted to Genorah by the Deputy Director-General under proper delegation. The appellants' application was not a community application under s 104, as it was made under s 16 and only later sought to rely on s 104, which was too late to influence the process. The review application was brought outside the 180-day period prescribed by PAJA, and no condonation for late appeal was granted. The appellants failed to exhaust internal remedies or obtain exemption. The court exercised its discretion not to set aside the administrative act, finding no sufficient basis to interfere with the decision below. The appeal was...

Citation
[2010] ZASCA 50
Parties
Appellant: Bengwenyama Minerals (Pty) Ltd; Appellant: Bengwenyama-Ye-Maswazi Tribal Council; Appellant: The Trustees for the time being of the Bengwenyama-Ye-Maswazi Trust; Respondent: Genorah Resources (Pty) Ltd (formerly Tropical Paradise 427 (Pty) Ltd); Respondent: Minister of Minerals and Energy; Respondent: Director General of the Department of Minerals and Energy; Respondent: Regional Manager, Limpopo Region, Polokwane of the Department of Minerals and Energy; Respondent: Deputy Director-General and Energy; Appellant: Royal Council
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
31 March 2010
Case Number
71/09
Procedural Posture
Civil Appeal / Appeal From North Gauteng High Court, Pretoria
Outcome
Appeal dismissed.
Judges
Mpati, Heher, Malan, Shongwe, Tshiqi
Legal Topics
Prospecting Rights, Internal Remedies, Promotion of Administrative Justice Act, Delegation of Powers, Community Applications
Administrative Law Land and Property Prospecting Rights Internal Remedies Promotion of Administrative Justice Act Delegation of Powers Community Applications

Case Brief

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Parties

Bengwenyama Minerals (Pty) Ltd

Appellant

Bengwenyama-Ye-Maswazi Tribal Council

Appellant

The Trustees for the time being of the Bengwenyama-Ye-Maswazi Trust

Appellant

Genorah Resources (Pty) Ltd (formerly Tropical Paradise 427 (Pty) Ltd)

Respondent

Minister of Minerals and Energy

Respondent

Director General of the Department of Minerals and Energy

Respondent

Regional Manager, Limpopo Region, Polokwane of the Department of Minerals and Energy

Respondent

Deputy Director-General and Energy

Respondent

Royal Council

Appellant

Procedural Posture

Civil Appeal / Appeal From North Gauteng High Court, Pretoria

Legal Issues

  1. 1 Whether the grant of the prospecting right to Genorah was ultra vires.
  2. 2 Whether the Department failed to give adequate notice of Genorah's application for a prospecting right as required by statute and regulations.
  3. 3 Whether Genorah failed to consult with the Bengwenyama community as owners or occupiers of the relevant farms.

Ratio Decidendi

The Supreme Court of Appeal held that the prospecting right was validly granted to Genorah by the Deputy Director-General under proper delegation. The appellants' application was not a community application under s 104, as it was made under s 16 and only later sought to rely on s 104, which was too late to influence the process. The review application was brought outside the 180-day period prescribed by PAJA, and no condonation for late appeal was granted. The appellants failed to exhaust internal remedies or obtain exemption. The court exercised its discretion not to set aside the administrative act, finding no sufficient basis to interfere with the decision below. The appeal was...

Court Disposition

Appeal dismissed.

Orders

  • The appeal is dismissed.
  • The first appellant is ordered to pay the respondents' costs.