Samancor Chrome Limited v Bila Civil Contractors (Pty) Ltd (810/21) [2022] ZASCA 163 (28 November 2022)

Samancor Chrome Limited v Bila Civil Contractors (Pty) Ltd (810/21) [2022] ZASCA 163 (28 November 2022)

The Supreme Court of Appeal held that Samancor Chrome Limited failed to establish, beyond reasonable doubt, that Bila Civil Contractors (Pty) Ltd breached the order of Neukircher J by conducting mining operations outside the scope of its prospecting right during the relevant period. The evidence presented was ambiguous and lacked sufficient particularity regarding the quantities extracted and the timing of the alleged breach. In respect of Janse van Niewenhuizen J’s order, the court found that while Bila admitted to conducting prospecting operations interdicted by the order, it had acted on bona fide legal advice that the order was suspended due to an application for leave to appeal. The...

Citation
[2022] ZASCA 163
Parties
Appellant: Samancor Chrome Limited; Respondent: Bila Civil Contractors (Pty) Ltd
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 November 2022
Case Number
810/21
Procedural Posture
Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria
Outcome
Appeal dismissed with costs.
Judges
Petse, Zondi, Mabindla-Boqwana, Daffue, Salie-Hlophe
Legal Topics
Contempt of Court, Mining Rights, Prospecting Rights, Environmental Authorisation, Wilfulness and Mala Fides, Interdicts
Civil Procedure Land and Property Environmental Law Contempt of Court Mining Rights Prospecting Rights Environmental Authorisation Wilfulness and Mala Fides +1 more

Case Brief

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Parties

Samancor Chrome Limited

Appellant

Bila Civil Contractors (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria

Legal Issues

  1. 1 Whether Bila Civil Contractors (Pty) Ltd was in contempt of two court orders granted by the High Court.
  2. 2 Whether the elements of wilfulness and mala fides were established for contempt.
  3. 3 Whether the orders were operative and enforceable during the relevant period.

Ratio Decidendi

The Supreme Court of Appeal held that Samancor Chrome Limited failed to establish, beyond reasonable doubt, that Bila Civil Contractors (Pty) Ltd breached the order of Neukircher J by conducting mining operations outside the scope of its prospecting right during the relevant period. The evidence presented was ambiguous and lacked sufficient particularity regarding the quantities extracted and the timing of the alleged breach. In respect of Janse van Niewenhuizen J’s order, the court found that while Bila admitted to conducting prospecting operations interdicted by the order, it had acted on bona fide legal advice that the order was suspended due to an application for leave to appeal. The...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.
  • Costs of two counsel are not allowed.