Promispace CC v DRDGold Limited and Others (062949/2023) [2024] ZAGPPHC 959 (26 September 2024)

Promispace CC v DRDGold Limited and Others (062949/2023) [2024] ZAGPPHC 959 (26 September 2024)

The court found that the City of Johannesburg is the lawful owner of the property and, consequently, the mine dump situated on it. The applicant failed to establish that the mine dump was res derelicta or res nullius, as the City acquired all rights to the property, including the mine dump, upon registration of transfer. The absence of fencing or active use by the City did not amount to abandonment or loss of ownership. The applicant did not seek or obtain permission from the City to appropriate the mine dump and had no legal basis for its claim. The court concluded that the applicant's arguments lacked merit and dismissed the application.

Citation
[2024] ZAGPPHC 959
Parties
Applicant: Promispace CC; Respondent: DRDGold Limited; Respondent: The City of Johannesburg Metropolitan Municipality; Respondent: The City of Joburg Property Company SOC Ltd (JPC); Respondent: Minister of Mineral Resources and Energy; Respondent: Regional Manager, Gauteng Region, Department of Mineral Resources and Energy (DMR)
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
26 September 2024
Case Number
062949/2023
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
Collis
Legal Topics
Ownership of Mine Dumps, Res Derelicta, Accession of Property, Res Nullius
Land and Property Ownership of Mine Dumps Res Derelicta Accession of Property Res Nullius

Case Brief

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Parties

Promispace CC

Applicant

DRDGold Limited

Respondent

The City of Johannesburg Metropolitan Municipality

Respondent

The City of Joburg Property Company SOC Ltd (JPC)

Respondent

Minister of Mineral Resources and Energy

Respondent

Regional Manager, Gauteng Region, Department of Mineral Resources and Energy (DMR)

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the City of Johannesburg is the lawful owner of the mine dump situated on its property.
  2. 2 Whether the mine dump has acceded to the property and forms part of the immovable property.
  3. 3 Whether the mine dump is res derelicta and therefore res nullius, capable of appropriation by the applicant.

Ratio Decidendi

The court found that the City of Johannesburg is the lawful owner of the property and, consequently, the mine dump situated on it. The applicant failed to establish that the mine dump was res derelicta or res nullius, as the City acquired all rights to the property, including the mine dump, upon registration of transfer. The absence of fencing or active use by the City did not amount to abandonment or loss of ownership. The applicant did not seek or obtain permission from the City to appropriate the mine dump and had no legal basis for its claim. The court concluded that the applicant's arguments lacked merit and dismissed the application.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.
  • The applicant is to pay the costs, including counsel fees as per scale B.