Pan African Mineral Development Company (Pty) Ltd and Others v Aquila Steel (S Africa) (Pty) Ltd (179/2017) [2017] ZASCA 165; [2018] 1 All SA 414 (SCA); 2018 (5) SA 124 (SCA) (29 November 2017)

Parties

Procedural Posture

Civil Appeal / Appeal From Gauteng Division, Pretoria

Legal Issues

1. 1 Whether the Department of Mineral Resources lawfully granted prospecting rights to two entities over the same land and minerals.
2. 2 Whether the acceptance and processing of Aquila's application was precluded by ZIZA's pending application under the exclusivity period of Item 8 of Schedule II to the MPRDA.
3. 3 Whether defects in ZIZA's application rendered its acceptance invalid and a nullity.

Ratio Decidendi

The Supreme Court of Appeal held that ZIZA, as holder of unused old order rights, lodged its prospecting right application within the exclusivity period provided by Item 8 of Schedule II to the MPRDA. Once accepted, both the right and exclusivity endured until the application was granted or refused. The Department of Mineral Resources was precluded from accepting and processing Aquila's later application while ZIZA's application was pending. Defects in ZIZA's application did not render its acceptance a nullity, as substantial compliance and supplementation were permitted. The Minister's refusal of Aquila's mining right application was lawful, as Aquila's prospecting right had lapsed and...

Court Disposition

Appeal upheld with costs; cross appeal dismissed with costs; high court's order set aside and replaced with dismissal of the application.

Orders

• The appeal is upheld with costs.
• The cross appeal is dismissed with costs.