Promispace CC v DRD Gold Limited and Others (062949/2023) [2025] ZAGPPHC 575 (3 June 2025)

Promispace CC v DRD Gold Limited and Others (062949/2023) [2025] ZAGPPHC 575 (3 June 2025)

The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. The principle of accession was correctly applied in the original judgment, resulting in the mine dump becoming part of the immovable property owned by the City of Johannesburg. The doctrines of res nullius and res derelicta were not determinative, as ownership was the primary legal issue. The applicant did not establish any compelling reason for leave to appeal, nor did it show that another court would likely reach a different conclusion. Accordingly, the application for leave to appeal was dismissed with costs.

Citation
[2025] ZAGPPHC 575
Parties
Applicant: Promispace CC; Respondent: DRD Gold Limited; Respondent: The City of Johannesburg Metropolitan Municipality; Respondent: The Minister of Mineral Resources and Energy; Respondent: Regional Manager Gauteng DMRE
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
3 June 2025
Case Number
062949/2023
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Ownership Claim
Outcome
Application for leave to appeal dismissed with costs.
Judges
Collis
Legal Topics
Accession, Ownership of Mine Dump, Leave to Appeal Test, Res Nullius, Res Derelicta
Land and Property Civil Procedure Accession Ownership of Mine Dump Leave to Appeal Test Res Nullius Res Derelicta

Case Brief

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Parties

Promispace CC

Applicant

DRD Gold Limited

Respondent

The City of Johannesburg Metropolitan Municipality

Respondent

The Minister of Mineral Resources and Energy

Respondent

Regional Manager Gauteng DMRE

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Ownership Claim

Legal Issues

  1. 1 Whether the applicant has demonstrated reasonable prospects of success on appeal against the dismissal of its ownership claim to the mine dump.
  2. 2 Whether the court a quo was required to conduct a preliminary inquiry into res nullius or res derelicta before determining ownership.
  3. 3 Whether there is any compelling reason for leave to appeal to be granted.

Ratio Decidendi

The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. The principle of accession was correctly applied in the original judgment, resulting in the mine dump becoming part of the immovable property owned by the City of Johannesburg. The doctrines of res nullius and res derelicta were not determinative, as ownership was the primary legal issue. The applicant did not establish any compelling reason for leave to appeal, nor did it show that another court would likely reach a different conclusion. Accordingly, the application for leave to appeal was dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.