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South Africa Order

North Gauteng High Court, Pretoria

Rustenburg Platinum Mines Limited and Another v Minister of Mineral Resources and Others (7883/2007) [2017] ZAGPPHC 218 (30 May 2017)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court found that the omission of the 9th respondent from the costs order and the failure to expressly include the costs of two counsel were patent errors or omissions of a typographical nature. These errors are correctable under Rule 42(1)(b) of the Uniform Rules of Court. The record showed that the 8th and 9th respondents were represented by the same legal team and referred to as the 'Bauba respondents', and that the costs of two counsel should have been included. The order was accordingly varied to correct these errors.

Court disposition

Order varied to correct patent errors and omissions in the costs order.

Orders

  • The applicants, jointly and severally, are ordered to pay the costs of the 5th, 6th, 7th, 8th, 9th and 14th respondents, including the costs of two counsel.

02

Material facts

Parties

Rustenburg Platinum Mines Limited

Applicant

ARM Mining Consortium Limited

Applicant

Minister of Mineral Resources

Respondent

Director-General, Department of Mineral Resources

Respondent

Deputy Director-General: Mineral Regulation, Department of Mineral Resources

Respondent

Regional Manager, Limpopo Region, Department of Mineral Resources

Respondent

Genorah Resources (Pty) Ltd

Respondent

Nkwe Platinum (South Africa) (Pty) Ltd

Respondent

International Goldfields Ltd

Respondent

Moruthane Ben Sekhukhune N.O.

Respondent

Bauba A Hlabirwa Mining Investments (Pty) Ltd

Respondent

Myeleti Mining (Pty) Ltd

Respondent

The Traditional Council of the Bengwenyama-Ya Maswati Community

Respondent

Roka Phasa Phokwane Traditional Council

Respondent

Miracle Upon Miracle Investments (PTYD) Ltd

Respondent

Nkwe Platinum Ltd

Respondent

03

Procedural history

  1. Posture

    Variation Application / Order Varying Previous Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicants did not oppose the variation application, as the omission of the 9th respondent and the reference to costs of two counsel were patent errors in the original order.
Respondent
The affected respondents submitted that the original order omitted the 9th respondent and failed to include the costs of two counsel, both of which were patent errors that should be corrected under Rule 42(1)(b) of the Uniform Rules of Court.

05

Court’s reasoning

  1. 01

    Rule 42(1)(b) Uniform Rules of Court

    A court may, under Rule 42(1)(b) of the Uniform Rules of Court, vary an order or judgment to correct patent errors or omissions of a typographical nature.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the omission of the 9th respondent from the costs order and the failure to expressly include the costs of two counsel were patent errors or omissions of a typographical nature. These errors are correctable under Rule 42(1)(b) of the Uniform Rules of Court. The record showed that the 8th and 9th respondents were represented by the same legal team and referred to as the 'Bauba respondents', and that the costs of two counsel should have been included. The order was accordingly varied to correct these errors.

Obiter and limits

  • The court noted that the correction of patent errors in orders is essential to ensure clarity and fairness in the administration of justice.
  • It is important that orders accurately reflect the intention and findings of the court as set out in the judgment.

Court disposition

Order varied to correct patent errors and omissions in the costs order.

  • The applicants, jointly and severally, are ordered to pay the costs of the 5th, 6th, 7th, 8th, 9th and 14th respondents, including the costs of two counsel.

Source and reliance status

North Gauteng High Court, Pretoria

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Judgment reading view

Judgment text

The complete available source text.

Source document

North Gauteng High Court, Pretoria

Order

[2017] ZAGPPHC 218

REPUBLIC

OF SOUTH AFRICA

IN

THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

CASE NO: 7883/2007

Reportable: No

Of interest to other judges: No

Revised.

30/5/2017

In the matter between:

RUSTENBURG

PLATINUM MINES LIMITED 1st Applicant

ARM

MINING CONSORTIUM LIMITED 2nd Applicant

and

MINISTER

OF MINERAL RESOURCES 1st Respondent

DIRECTOR-GENERAL, DEPARTMENT OF 2nd Respondent

MINERAL

RESOURCES

DEPUTY DIRECTOR-GENERAL : MINERAL REGULATION, 3rd Respondent

DEPARTMENT

OF MINERAL RESOURCES

REGIONAL MANAGER, LIMPOPO REGION, DEPARTMENT 4th Respondent

OF

MINERAL RESOURCES

GENORAH RESOURCES (PTY) LTD 5th Respondent

NKWE PLATINUM (SOUTH AFRICA) (PTY) LTD 6th Respondent

INTERNATIONAL

GOLDFIELDS LTD 7th Respondent

MORUTHANE

BEN SEKHUKHUNE N.O. 8th Respondent

BAUBA A HLABIRWA MINING INVESTMENTS (PTY) LTD 9th Respondent

MYELETI MINING (PTY) LTD 10th Respondent

THE TRADITIONAL COUNCIL OF THE BENGWENYAMA-YA 11th Respondent

MASWATI

COMMUNITY

ROKA PHASA PHOKWANE TRADITIONAL COUNCIL 12th Respondent

MIRACLE UPON MIRACLE INVESTMENTS (PTYD) LTD 13th Respondent

NKWE

PLATINUM LTD 14th Respondent

JUDGMENT:

VARIATION

AC BASSON, J

[1] On 1 February 2017 this court handed down a judgment with the following order made in paragraph [13] of the order (consisting of 13 paragraphs):

"Order

[106] In the event the following order is made:

"13. The applicants jointly and severally are ordered to pay the costs of the 5th, 6th, 7th, 8th, and 14th respondents."

[2] This order as it appears in the typed judgment omitted to refer to the gth respondent (Bauba A Hlabirwa Mining Investments (Pty) Ltd). I have since perused the records and I am in agreement with the submission that this omission is a patent error or omission of a typographical nature as contemplated by Rule 42(1)(b) of the Uniform Rules of Court and one which this court may vary upon the application of any party affected thereby. I may also briefly point out that it is clear from a reading of the judgment that the 8th and 9th respondents were at all material times represented by the same legal team and that they are referred to in the judgment as the "Bauba respondents".

[3] The same order in paragraph [13] unfortunately also contains a further patent error or omission in that the order does not expressly

refer to the costs of two counsel where it is clear from the record that such order ought to have been included.

[4] In the event the following varied order is made:

"13. The applicants , jointly and severally , are ordered to pay the costs of the 5th, 6th, 7th, 8th, 9th and 14th respondents , including the costs of two counsel."

_______

AC

BASSON

JUDGE

OF THE HIGH COURT

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Rule 42(1)(b) Uniform Rules of Court

Legislation

Legislation referenced in the available case record.

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