Maccsand CC v Macassar Land Claims Committee and Another (LCC 37/03) [2007] ZALCC 19 (14 August 2007)

Maccsand CC v Macassar Land Claims Committee and Another (LCC 37/03) [2007] ZALCC 19 (14 August 2007)

The Court held that the Commission on the Restitution of Land Rights qualifies as 'the State' for purposes of intervention under section 29(2) of the Restitution Act, given its public function in land reform. The Land Claims Court has jurisdiction to vary the Supreme Court of Appeal's order, as the original order specifically provided for such variation upon completion of mining and rehabilitation of Strips B and C. The legal dispensation for mineral rights has changed since the original order, with mineral rights now vested in the State and divorced from land ownership. The requirements for interim relief remain satisfied: the Macassar Land Claims Committee retains a prima facie right to...

Citation
[2007] ZALCC 19
Parties
Applicant: Maccsand CC; Respondent: Macassar Land Claims Committee; Respondent: Department of Mineral and Energy Affairs
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
14 August 2007
Case Number
LCC 37/03
Procedural Posture
Urgent Application / Application for Discharge or Variation of Interim Order; Application to Intervene
Outcome
Application for variation of the Supreme Court of Appeal order granted in part; order amended to permit mining of Strips C to F on Erf 1197, subject to rehabilitation and financial provision. No order as to costs.
Judges
Gildenhuys, Pienaar
Legal Topics
Mining Rights, Interim Interdict, Land Restitution, Environmental Management Programme, Variation of Court Order, State Intervention
Land and Property Administrative Law Environmental Law Mining Rights Interim Interdict Land Restitution Environmental Management Programme Variation of Court Order +1 more

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Parties

Maccsand CC

Applicant

Macassar Land Claims Committee

Respondent

Department of Mineral and Energy Affairs

Respondent

Procedural Posture

Urgent Application / Application for Discharge or Variation of Interim Order; Application to Intervene

Legal Issues

  1. 1 Whether the Commission on the Restitution of Land Rights may intervene as 'the State' under section 29(2) of the Restitution Act.
  2. 2 Whether the Supreme Court of Appeal's interim order should be discharged, confirmed, or varied in light of changed circumstances and new mineral rights legislation.
  3. 3 Whether the applicant is entitled to mine additional strips on Erf 1197 pending finalisation of the restitution claim.

Ratio Decidendi

The Court held that the Commission on the Restitution of Land Rights qualifies as 'the State' for purposes of intervention under section 29(2) of the Restitution Act, given its public function in land reform. The Land Claims Court has jurisdiction to vary the Supreme Court of Appeal's order, as the original order specifically provided for such variation upon completion of mining and rehabilitation of Strips B and C. The legal dispensation for mineral rights has changed since the original order, with mineral rights now vested in the State and divorced from land ownership. The requirements for interim relief remain satisfied: the Macassar Land Claims Committee retains a prima facie right to...

Court Disposition

Application for variation of the Supreme Court of Appeal order granted in part; order amended to permit mining of Strips C to F on Erf 1197, subject to rehabilitation and financial provision. No order as to costs.

Orders

  • Paragraph 3(a) of the current order is amended to permit Maccsand to mine Strips C to F on Erf 1197, Macassar, subject to setting aside R120,000 in the trust fund for rehabilitation and compliance with the Environmental Management Programme to the satisfaction of the Department of Mineral and Energy Affairs.
  • Maccsand is given leave to approach the Court for further variation once mining and rehabilitation of Strips C to F are complete.