Moloi v Minister of Minerals and Energy (254/05) [2005] ZANCHC 123 (7 October 2005)

Moloi v Minister of Minerals and Energy (254/05) [2005] ZANCHC 123 (7 October 2005)

The court found that the applicant had complied with all statutory requirements for the mining permit for Farm 350 Winter's Rush and that all documentation and consultative processes related to this property. The reference to Erf 1 Windsorton in the permit and power of attorney was a clerical error that did not affect the substance of the application or the applicant's entitlement. The respondents' explanation for the error was rejected as factually incorrect and untenable. The court held that the applicant had established a clear right to the mining permit for Winter's Rush and was entitled to a mandamus compelling the third respondent to hand over the permit. The conduct of the third...

Citation
[2005] ZANCHC 123
Parties
Applicant: Fetane Moloi; Respondent: Minister of Minerals and Energy; Respondent: Director General of the Department of Minerals and Energy; Respondent: Regional Manager: Region of the Department of Minerals & Energy
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
7 October 2005
Case Number
254/05
Procedural Posture
Urgent Application / First Instance Judgment
Outcome
Application granted. Mandamus issued in favour of the applicant. Costs awarded against the third respondent on attorney and client scale.
Judges
L P Tlaletsi
Legal Topics
Mandamus, Mining Permit, Administrative Error, Clear Right, Costs Order
Administrative Law Land and Property Mandamus Mining Permit Administrative Error Clear Right Costs Order

Case Brief

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Parties

Fetane Moloi

Applicant

Minister of Minerals and Energy

Respondent

Director General of the Department of Minerals and Energy

Respondent

Regional Manager: Region of the Department of Minerals & Energy

Respondent

Procedural Posture

Urgent Application / First Instance Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to a mandamus compelling the third respondent to hand over the mining permit for Winter's Rush.
  2. 2 Whether the applicant has established a clear right to the mining permit for Farm 350 Winter's Rush.
  3. 3 Whether the respondents' administrative error negates the applicant's entitlement to the permit.

Ratio Decidendi

The court found that the applicant had complied with all statutory requirements for the mining permit for Farm 350 Winter's Rush and that all documentation and consultative processes related to this property. The reference to Erf 1 Windsorton in the permit and power of attorney was a clerical error that did not affect the substance of the application or the applicant's entitlement. The respondents' explanation for the error was rejected as factually incorrect and untenable. The court held that the applicant had established a clear right to the mining permit for Winter's Rush and was entitled to a mandamus compelling the third respondent to hand over the permit. The conduct of the third...

Court Disposition

Application granted. Mandamus issued in favour of the applicant. Costs awarded against the third respondent on attorney and client scale.

Orders

  • The third respondent is ordered and directed to hand over to the applicant the mining permit issued on 11 February 2004 under reference number NC 5/3/2/3408 in respect of a portion of Farm 350 Winter's Rush, district Barkley West.
  • The third respondent is ordered to pay the applicant's costs in respect of this application on attorney and client scale.