Joubert NNO and Others v Maranda Mining Company (Pty) Ltd and Others (55216/09) [2009] ZAGPPHC 136; [2010] 2 All SA 67 (GNP) (5 November 2009)

Joubert NNO and Others v Maranda Mining Company (Pty) Ltd and Others (55216/09) [2009] ZAGPPHC 136; [2010] 2 All SA 67 (GNP) (5 November 2009)

The court found that the applicants failed to establish a prima facie right to interim relief. The renewal of the mining permit was not clearly invalid, as the application for renewal was made before expiry and the actual date of renewal was uncertain. The applicants were not entitled to be consulted prior to the grant of the permit, as they only occupied the land after the relevant consultation period. The applicants delayed unreasonably in bringing review proceedings and failed to exhaust available internal remedies, such as seeking suspension of the permit or pursuing compensation under section 54. The alleged harm to the environment and wildlife sanctuary was not irreparable, as...

Citation
[2009] ZAGPPHC 136
Parties
Applicant: Marguerite Louise Joubert N.O.; Applicant: Andries Hendrik Grobler N.O.; Applicant: Lizel Louise Kachelhoffer N.O.; Applicant: Liezel Mortimer N.O.; Applicant: Engela Elizabeth Cornelissen N.O.; Applicant: Murray Foundation Conservation Holdings (Pty) Ltd; Respondent: Maranda Mining Company (Pty) Ltd; Respondent: Minister of Mineral Resources; Respondent: Director-General: Department of Minerals & Energy; Respondent: Regional Manager: Department of Mining, Limpopo
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
5 November 2009
Case Number
55216/09
Procedural Posture
Urgent Application / Application for Interim Interdict Pending Finalisation of Alternative Claims
Outcome
Application for interim relief dismissed; remaining claims postponed sine die.
Judges
Murphy
Legal Topics
Mining Permit Renewal, Environmental Management Plan, Procedural Fairness, Compensation for Landowners, Judicial Review Under Paja, Interim Interdict
Land and Property Environmental Law Administrative Law Mining Permit Renewal Environmental Management Plan Procedural Fairness Compensation for Landowners Judicial Review Under Paja +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 11 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Marguerite Louise Joubert N.O.

Applicant

Andries Hendrik Grobler N.O.

Applicant

Lizel Louise Kachelhoffer N.O.

Applicant

Liezel Mortimer N.O.

Applicant

Engela Elizabeth Cornelissen N.O.

Applicant

Murray Foundation Conservation Holdings (Pty) Ltd

Applicant

Maranda Mining Company (Pty) Ltd

Respondent

Minister of Mineral Resources

Respondent

Director-General: Department of Minerals & Energy

Respondent

Regional Manager: Department of Mining, Limpopo

Respondent

Procedural Posture

Urgent Application / Application for Interim Interdict Pending Finalisation of Alternative Claims

Legal Issues

  1. 1 Whether the renewal of the mining permit after its expiry was valid under the Mineral and Petroleum Resources Development Act.
  2. 2 Whether the applicants were entitled to be notified and consulted as affected parties under section 27(5) of the Act.
  3. 3 Whether the applicants established a prima facie right to interim relief pending review or appeal.

Ratio Decidendi

The court found that the applicants failed to establish a prima facie right to interim relief. The renewal of the mining permit was not clearly invalid, as the application for renewal was made before expiry and the actual date of renewal was uncertain. The applicants were not entitled to be consulted prior to the grant of the permit, as they only occupied the land after the relevant consultation period. The applicants delayed unreasonably in bringing review proceedings and failed to exhaust available internal remedies, such as seeking suspension of the permit or pursuing compensation under section 54. The alleged harm to the environment and wildlife sanctuary was not irreparable, as...

Court Disposition

Application for interim relief dismissed; remaining claims postponed sine die.

Orders

  • An order is granted dispensing with the forms and services provided for in the rules, allowing the matter to be heard as one of urgency.
  • The application for interim relief as sought in part A of the notice of motion is dismissed with costs, including costs for two counsel.