Mononono Community v Minister of Rural Development and Land Reform and Others (UM165/2019) [2020] ZANWHC 90 (7 October 2020)

Mononono Community v Minister of Rural Development and Land Reform and Others (UM165/2019) [2020] ZANWHC 90 (7 October 2020)

The court found that the applicant demonstrated reasonable prospects of success on appeal and that the issues raised are of sufficient importance to warrant consideration by the Full Bench. Accordingly, leave to appeal was granted. Costs were ordered to be costs in the appeal, following the general principle that...

Source-derived case information.

Citation
[2020] ZANWHC 90
Parties
Applicant: Mononono Community; Respondent: Minister of Rural Development and Land Reform; Respondent: Minister of Mineral Resources; Respondent: Ikwezi Vanadim (Pty) Ltd
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Case Number
UM165/2019
Procedural Posture
Leave to Appeal / Order Granting Leave to Appeal to Full Bench
Outcome
Leave to appeal to the Full Bench of the division is granted. Costs to be costs in the appeal.
Judges
DJAJE
Legal Topics
Leave to Appeal, Full Bench Appeal, Costs in Appeal
Land and Property Leave to Appeal Full Bench Appeal Costs in Appeal

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Summary, issues, holding and outcome

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Parties

Mononono Community

Applicant

Minister of Rural Development and Land Reform

Respondent

Minister of Mineral Resources

Respondent

Ikwezi Vanadim (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Order Granting Leave to Appeal to Full Bench

Legal Issues

  1. 1 Whether leave to appeal should be granted to the Full Bench of the division.
  2. 2 Who should bear the costs of the application for leave to appeal.

Ratio Decidendi

The court found that the applicant demonstrated reasonable prospects of success on appeal and that the issues raised are of sufficient importance to warrant consideration by the Full Bench. Accordingly, leave to appeal was granted. Costs were ordered to be costs in the appeal, following the general principle that costs should follow the result unless there are exceptional circumstances.

Court Disposition

Leave to appeal to the Full Bench of the division is granted. Costs to be costs in the appeal.

Orders

  • Leave to appeal to the Full Bench of the division is hereby granted.
  • Costs to be costs in the appeal.