Ikwezi Vanadium (Pty) Ltd v Ditsele and Others (UM120/2019) [2019] ZANWHC 60 (2 September 2019)

IN THE HIGH COURT OF SOUTH AFRICA

(NORTH WEST DIVISION, MAHIKENG)

CASE NO: UM 120 / 2019

Held at MMABATHO on this the 2nd day of SEPTEMBER 2019

BEFORE the Honourable Madam Justice DJAJE

In the matter between:

IKWEZI VANADIUM (PTY) LTD

(REGISTRATION NUMBER: 2009/ 023155/ 07)

Applicant

and

DITSELE, THABANG SAM 1st Respondent

THOSE FURTHER PERSONS INTERFERING

IN THE APPLICANT' S BULK SAMPLING OPERATIONS 2nd Respondent

NZALA, THEMBA 3rd respondent

D E THABEKA 4th Respondent

M A NZALA 5th Respondent

H MATLALA 6th Respondent

B S MLAKA 7th Respondent

S I LETAGENG 8th Respondent

A MODISE PHEFO

9th Respondent

KOLOBE, PRINCE

10th Respondent

MAMATU, BERNARD

11th Respondent

MK MELEWE

12th Respondent

SIKWANA, DAVID

13th Respondent

GXAMTHANI, MTHUTHUZELI

14th Respondent

NZALA, WANDILE

15th Respondent

PRESENT, DOCTOR

16th Respondent

NZALA, DOUGLAS

17th Respondent

TUMANI, OBAKENG

18th Respondent

SP MOTSHABI

19th Respondent

NTAKILE, DONALD

20th Respondent

NSTHABILE, VICTOR

21st Respondent

KOBEDI, TSHEPISO

22nd Respondent

MAMATU, SIDWE

23rd Respondent

MOSOTHO, THABANG

24th Respondent

DONAWA, AYANDA

25th Respondent

MOKETSI, HAPPY

26th Respondent

NDAKALE, HERMAN

27th Respondent

MANTSHIYO, KABELO 28th Respondent

THE MINISTER OF POLICE: GENERAL

BHEKI CELE

29th Respondent

THE NATIONAL COMMISSIONER OF

THE SAPS: GENERAL K J SITHOLE

30th Respondent

THE STATION COMMISSIONER OF THE

MOGWASE SAPS STATION: COLONEL RAPHATA 31st Respondent

THE SHERIFF OF THE HIGH COURT: MANKWE (MOGASE) 32nd Respondent

HAVING HEARD ADV SCHOLTZ on behalf of the Applicant and First and Third in person and having read the Notice of Motion and other documents filed of record;

IT IS ORDERED

1. That THEMBA NZALA AND 29 OTHERS listed above be and hereby are joined to the application launched out of this Honourable Court under case number: UM120 / 2019, as the 3rd to 32nd Respondents.

2.That the rule nisi issued on 25 July 2019 be extended and the Respondents and any other interested party be called upon to show cause, if any, to this Honourable Court on the 5th day of September 2019 at 10h00 or so soon thereafter as the matter may be heard, why an order in the following terms should not be granted:

2.1 The Respondents are hereby interdicted and restrained from interfering with the Applicant's officials, agents, contractors or employees or the Sheriff of the Court or his lawfully appointed Deputy, in the carrying out of their obligations in terms of any order of this Honourable Court;

2.2 The Respondents are hereby interdicted and restrained from entering or accessing the fenced off area of Farm Haakdoornfontein 12 JQ and trespassing on such area in which the Applicant's bulk sampling activities are conducted;

2.3 The Respondents are hereby interdicted and restrained from blockading roads and entrances to the above farm or from denying access to the properties to any of the Applicant's officials, agents, contractors or employees;

2.4 The Respondents are interdicted and restrained from directly or indirectly threatening and/ or intimidating and/ or harming or instructing, coaxing, cajoling or in any other manner persuading any other persons to threaten, intimidate or assault any of the Applicant's officials, agents, contractors or employees or in any other way interfering with the conduct of the Applicant's bulk sampling operations;

2.5 The Sheriff of this Honourable Court or his/ her lawfully appointed Deputy is hereby authorised and directed to give effect to paragraphs 2.1 to 2.4 above, should it be necessary and in the event that the Respondents fail to comply with paragraphs 2.1 to 2.4 above.

2.6 The Sheriff of the Court is authorised and directed to approach the South African Police Services for any assistance he/ she may deem appropriate herein.

2.7 That further or alternative relief be granted to the Applicant.

2.8 Entering for any unlawful purpose and trespassing on the property or the demarcated area allocated for the Applicant's bulk sampling operations;

2.9 Gathering at the property or within 250 meters of the demarcated area, including the Applicant's facilities, installations and machinery;

2.10 Blockading the road, and/ or the entrances to the property;

2.11 Directly or indirectly threatening and/ or intimidating and/ or harming or instructing, coaxing, cajoling or in any other manner persuading any other person to threaten, intimidate or assault any of the Applicant's employees, agents or contractors at the property.

2.12 That in the event that the 1stto 28th Respondents fail to comply with the above, the 29th to 31st Respondents are authorised and directed to take all such reasonable steps to:

2.12.1 Enforce the order above and to prevent any further such unlawful conduct;

2.12.2 Assist the Sheriff of the Court to take all reasonable steps to give effect to the order above.

2.13 Should the 29th to 31st Respondents fail to comply with the terms set out above, the Applicant is authorised to employ the services of a third party security agency in order to take all reasonable steps to enforce the order and prevent any further illegal activities."

3 That the Applicant is entitled to serve this application and all further processes and notices, including any order of this Honourable Court herein on the 3rd to 8th Respondents by way of e-mail to the addresses provided by them on 19 June 2019 as contained in annexure "SA-2" above and service in such manner be and hereby is condoned. Applicant will further service this application and order on the remaining Respondents attaching some to a notice Board at the premises.

4 That costs be reserved for determination at the hearing of the application on 26 September 2019.

VR T W