Saamwerk Soutwerke (Edms) Bpk v SA Soutwerke (Edms) Bpk and Others (1507/2008) [2008] ZANCHC 76 (12 December 2008)

Saamwerk Soutwerke (Edms) Bpk v SA Soutwerke (Edms) Bpk and Others (1507/2008) [2008] ZANCHC 76 (12 December 2008)

The court found that the applicant failed to establish sufficient urgency for the interim relief sought, as the delay in bringing the application was not adequately explained and any urgency was self-created. The defence of lis pendens was upheld, as the main dispute regarding the validity of the mining permit was...

Source-derived case information.

Citation
[2008] ZANCHC 76
Parties
Applicant: Saamwerk Soutwerke (Edms) Bpk; Respondent: SA Soutwerke (Edms) Bpk; Respondent: Minister van Mineraal en Energiesake; Respondent: Direkteur-Generaal van Mineraal en Energiesake; Respondent: Streekbestuurder: Mineraal en Energiesake: Noord-Kaap Streek
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Case Number
1507/2008
Procedural Posture
Urgent Application / Interim Relief Application Pending Finalisation of Main Application
Outcome
Application dismissed with costs, including reserved costs.
Judges
Majiedt R
Legal Topics
Interim Interdict, Lis Pendens, Locus Standii, Mining Rights, Mineral and Petroleum Resources Development Act, Urgency
Land and Property Civil Procedure Administrative Law Interim Interdict Lis Pendens Locus Standii Mining Rights Mineral and Petroleum Resources Development Act +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Saamwerk Soutwerke (Edms) Bpk

Applicant

SA Soutwerke (Edms) Bpk

Respondent

Minister van Mineraal en Energiesake

Respondent

Direkteur-Generaal van Mineraal en Energiesake

Respondent

Streekbestuurder: Mineraal en Energiesake: Noord-Kaap Streek

Respondent

Procedural Posture

Urgent Application / Interim Relief Application Pending Finalisation of Main Application

  1. 1 Whether the applicant established sufficient urgency for interim relief.
  2. 2 Whether the defence of lis pendens applies given the pending main application.
  3. 3 Whether the applicant has locus standii to seek the relief claimed.

Ratio Decidendi

The court found that the applicant failed to establish sufficient urgency for the interim relief sought, as the delay in bringing the application was not adequately explained and any urgency was self-created. The defence of lis pendens was upheld, as the main dispute regarding the validity of the mining permit was already pending before the court in another application between the same parties and on the same cause of action. The court further held that the applicant lacked locus standii, as it did not possess a mining right and its lease agreement with the State did not confer the right to mine. The applicant's legitimate expectation of future mining rights was not sufficient to...

Court Disposition

Application dismissed with costs, including reserved costs.

Orders

  • The application is dismissed with costs, including the costs reserved on 7 November 2008.