Blackhill Engineering & Construction CC v Baolong Boora Tshidi Tribal Authority and Others (385/2009) [2012] ZANWHC 21 (31 May 2012)

Blackhill Engineering & Construction CC v Baolong Boora Tshidi Tribal Authority and Others (385/2009) [2012] ZANWHC 21 (31 May 2012)

The court found that the resolutions granting mining rights were invalid because they were not preceded by meetings of the Lekoko ward or village, nor was there evidence of proper community consultation or participation as required by the Interim Protection of Informal Land Rights Act. The exclusion of female members from voting further rendered the process non-compliant with statutory and constitutional requirements. The resolutions were passed at council meetings of the Tribal Authority, but this did not satisfy the legal requirement for community consent. Consequently, the related letter to the Department of Minerals and Energy and the shareholders agreement were also invalid. The...

Citation
[2012] ZANWHC 21
Parties
Applicant: Blackhill Engineering & Construction CC; Respondent: Barolong Boora Tshidi Tribal Authority; Respondent: Lekoko North Mine (Pty) Ltd; Respondent: Lekoko South Mine (Pty) Ltd
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
31 May 2012
Case Number
385/2009
Procedural Posture
Review Application / Final Judgment After Referral to Oral Evidence
Outcome
Application dismissed; counter application granted; resolutions and related correspondence declared invalid; no order as to costs except for wasted costs on 22 March 2012 awarded against first respondent on attorney and client scale.
Judges
A A Landman
Legal Topics
Informal Land Rights, Tribal Resolutions, Customary Law Procedure, Mineral Rights, Interim Protection of Informal Land Rights Act
Land and Property Administrative Law Informal Land Rights Tribal Resolutions Customary Law Procedure Mineral Rights Interim Protection of Informal Land Rights Act

Case Brief

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Parties

Blackhill Engineering & Construction CC

Applicant

Barolong Boora Tshidi Tribal Authority

Respondent

Lekoko North Mine (Pty) Ltd

Respondent

Lekoko South Mine (Pty) Ltd

Respondent

Procedural Posture

Review Application / Final Judgment After Referral to Oral Evidence

Legal Issues

  1. 1 Whether the resolutions granting mining rights complied with the requirements of the Interim Protection of Informal Land Rights Act and tribal custom.
  2. 2 Whether the resolutions were valid and binding on the community.
  3. 3 Whether the exclusion of female members from voting invalidated the resolutions.

Ratio Decidendi

The court found that the resolutions granting mining rights were invalid because they were not preceded by meetings of the Lekoko ward or village, nor was there evidence of proper community consultation or participation as required by the Interim Protection of Informal Land Rights Act. The exclusion of female members from voting further rendered the process non-compliant with statutory and constitutional requirements. The resolutions were passed at council meetings of the Tribal Authority, but this did not satisfy the legal requirement for community consent. Consequently, the related letter to the Department of Minerals and Energy and the shareholders agreement were also invalid. The...

Court Disposition

Application dismissed; counter application granted; resolutions and related correspondence declared invalid; no order as to costs except for wasted costs on 22 March 2012 awarded against first respondent on attorney and client scale.

Orders

  • The application is dismissed.
  • There will be no order for costs.