Lolo & Lolo Development Services CC v Great Kei Local Municipality and Others (1623/2022) [2022] ZAECMKHC 56 (30 August 2022)

Lolo & Lolo Development Services CC v Great Kei Local Municipality and Others (1623/2022) [2022] ZAECMKHC 56 (30 August 2022)

The court found that the applicant was aware of the tender award and the approval granted to the second respondent since March 2022, yet delayed launching the urgent application until the end of May 2022. The applicant did not participate in the tender process and its mining permit was issued after the tender award....

Source-derived case information.

Citation
[2022] ZAECMKHC 56
Parties
Applicant: Lolo & Lolo Development Services CC; Respondent: Great Kei Local Municipality; Respondent: Muleka SA CC; Respondent: The Minister: Department of Mineral Resources and Energy; Respondent: The Minister: Department of Forestry, Fisheries and Environment; Respondent: The Director General: Department of Mineral Resources and Energy; Respondent: The Regional Manager, Mineral Regulation Eastern Cape Region: Department of Mineral Resources and Energy
Court
Eastern Cape High Court, Makhanda
Jurisdiction
South Africa
Judgment Date
30 August 2022
Case Number
1623/2022
Procedural Posture
Urgent Application / Part A: Interim Interdict Application
Outcome
Part A of the application is dismissed with costs.
Judges
N G Beshe
Legal Topics
Mining Permit, Interim Interdict, Self Created Urgency, Municipal Tender, Locus Standi
Administrative Law Land and Property Mining Permit Interim Interdict Self Created Urgency Municipal Tender Locus Standi

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Summary, issues, holding and outcome

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Parties

Lolo & Lolo Development Services CC

Applicant

Great Kei Local Municipality

Respondent

Muleka SA CC

Respondent

The Minister: Department of Mineral Resources and Energy

Respondent

The Minister: Department of Forestry, Fisheries and Environment

Respondent

The Director General: Department of Mineral Resources and Energy

Respondent

The Regional Manager, Mineral Regulation Eastern Cape Region: Department of Mineral Resources and Energy

Respondent

Procedural Posture

Urgent Application / Part A: Interim Interdict Application

Legal Issues

  1. 1 Whether the applicant is entitled to an interim interdict restraining the first and second respondents from implementing the contract pending review.
  2. 2 Whether the second respondent is unlawfully mining without a permit in contravention of the MPRDA.
  3. 3 Whether the matter is urgent or if urgency was self-created by the applicant.

Ratio Decidendi

The court found that the applicant was aware of the tender award and the approval granted to the second respondent since March 2022, yet delayed launching the urgent application until the end of May 2022. The applicant did not participate in the tender process and its mining permit was issued after the tender award. The urgency claimed was deemed self-created, as the applicant had ample opportunity to act sooner and the respondents were forced to respond on unreasonably short notice. Additionally, the tender had already been interdicted at the instance of another party and officials had halted transportation of material, further undermining the claim of ongoing harm. The court held that...

Court Disposition

Part A of the application is dismissed with costs.

Orders

  • Part A of the application is dismissed with costs.