Schimper N.o. and Others v Director General: Department of Mineral Resources - Free State Province and Others (5769/2015) [2017] ZAFSHC 225 (11 December 2017)

Schimper N.o. and Others v Director General: Department of Mineral Resources - Free State Province and Others (5769/2015) [2017] ZAFSHC 225 (11 December 2017)

The court found that the decision by the Director General to grant a mining right to the Third Respondent was lawful, reasonable, and procedurally fair. The applicants' grounds for review were rejected as the consultation process was found to be adequate, with the applicants given sufficient opportunity to participate but electing not to do so. The Director General considered all relevant facts, including environmental and social impacts, and the concerns raised by the applicants were either addressed or found to be speculative and unsupported by evidence. Operational issues such as blasting and water impacts are regulated by other statutes and do not constitute grounds for review at the...

Citation
[2017] ZAFSHC 225
Parties
Applicant: Johannes van Jaarsveld Schimper N.O.; Applicant: Maria Johanna Schimper N.O.; Applicant: Jan Dirk Heyns N.O.; Applicant: Johannes van Jaarsveld Schimper; Respondent: Director General: Department of Mineral Resources - Free State Province; Respondent: Minister: Government of the Republic of South Africa, Department of Mineral Resources; Respondent: Monastery Mine (Proprietary) Limited
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
11 December 2017
Case Number
5769/2015
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
C Reinders, S Chesiwe
Legal Topics
Mining Rights, Promotion of Administrative Justice Act, Consultation Requirements, Environmental Impact, Procedural Fairness
Administrative Law Land and Property Mining Rights Promotion of Administrative Justice Act Consultation Requirements Environmental Impact Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Johannes van Jaarsveld Schimper N.O.

Applicant

Maria Johanna Schimper N.O.

Applicant

Jan Dirk Heyns N.O.

Applicant

Johannes van Jaarsveld Schimper

Applicant

Director General: Department of Mineral Resources - Free State Province

Respondent

Minister: Government of the Republic of South Africa, Department of Mineral Resources

Respondent

Monastery Mine (Proprietary) Limited

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the decision by the Director General to grant a mining right to the Third Respondent was lawful, reasonable and procedurally fair.
  2. 2 Whether the consultation process required under the Mineral and Petroleum Resources Development Act was properly conducted.
  3. 3 Whether relevant considerations were taken into account and irrelevant considerations disregarded in the granting of the mining right.

Ratio Decidendi

The court found that the decision by the Director General to grant a mining right to the Third Respondent was lawful, reasonable, and procedurally fair. The applicants' grounds for review were rejected as the consultation process was found to be adequate, with the applicants given sufficient opportunity to participate but electing not to do so. The Director General considered all relevant facts, including environmental and social impacts, and the concerns raised by the applicants were either addressed or found to be speculative and unsupported by evidence. Operational issues such as blasting and water impacts are regulated by other statutes and do not constitute grounds for review at the...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.