Joubert and Others v Maranda Mining Company (Pty) Ltd (296/08) [2009] ZASCA 68; 2010 (1) SA 198 (SCA) ; [2009] 4 All SA 127 (SCA) (29 May 2009)

Joubert and Others v Maranda Mining Company (Pty) Ltd (296/08) [2009] ZASCA 68; 2010 (1) SA 198 (SCA) ; [2009] 4 All SA 127 (SCA) (29 May 2009)

The Supreme Court of Appeal held that the respondent, having complied with all statutory requirements for notification and consultation under the Mineral and Petroleum Resources Development Act, was entitled to access the mineral rights area for mining purposes. The court found that the relief sought was not for access to the entire land, but specifically to the mineral rights area. The environmental management plan, when considered in its entirety, envisaged the construction of a new access road, and the respondent was not bound by a mistaken tick in the application form. The appellants' blanket refusal to allow access was unreasonable and not supported by the Act. The court rejected the...

Citation
[2009] ZASCA 68
Parties
Appellant: M L Joubert; Appellant: M L Joubert N.O.; Appellant: A H Grobler N.O.; Appellant: R Savory N.O.; Appellant: The Murray Foundation Conservation Holdings (Pty) Ltd; Respondent: Maranda Mining Company (Pty) Ltd
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 May 2009
Case Number
296/08
Procedural Posture
Civil Appeal / Appeal From High Court, Pretoria
Outcome
Appeal dismissed with costs, including costs occasioned by employment of two counsel.
Judges
Nugent, Van Heerden, Mlambo, Kroon, Leach
Legal Topics
Mineral and Petroleum Resources Development Act, Right of Access to Land, Environmental Management Plan, Consultation With Landowner, Expropriation Procedure
Land and Property Administrative Law Mineral and Petroleum Resources Development Act Right of Access to Land Environmental Management Plan Consultation With Landowner Expropriation Procedure

Case Brief

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Parties

M L Joubert

Appellant

M L Joubert N.O.

Appellant

A H Grobler N.O.

Appellant

R Savory N.O.

Appellant

The Murray Foundation Conservation Holdings (Pty) Ltd

Appellant

Maranda Mining Company (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court, Pretoria

Legal Issues

  1. 1 Whether the respondent, as mining permit holder, had a clear right to access the land for mining purposes.
  2. 2 Whether the refusal by the appellants to allow access was unreasonable under the Mineral and Petroleum Resources Development Act.
  3. 3 Whether the environmental management plan and permit envisaged construction of a new access road.

Ratio Decidendi

The Supreme Court of Appeal held that the respondent, having complied with all statutory requirements for notification and consultation under the Mineral and Petroleum Resources Development Act, was entitled to access the mineral rights area for mining purposes. The court found that the relief sought was not for access to the entire land, but specifically to the mineral rights area. The environmental management plan, when considered in its entirety, envisaged the construction of a new access road, and the respondent was not bound by a mistaken tick in the application form. The appellants' blanket refusal to allow access was unreasonable and not supported by the Act. The court rejected the...

Court Disposition

Appeal dismissed with costs, including costs occasioned by employment of two counsel.

Orders

  • The appeal is dismissed with costs including the costs occasioned by the employment of two counsel.