Scholes and Another v Minister of Mineral Resources (50642/2015) [2017] ZAGPPHC 303 (30 June 2017)

Scholes and Another v Minister of Mineral Resources (50642/2015) [2017] ZAGPPHC 303 (30 June 2017)

The court held that the applicants failed to join parties who have a direct and substantial interest in the outcome of the application, particularly stakeholders involved in the development and adoption of the Mining Charters. The relief sought, if granted, would adversely affect the rights of these stakeholders, including holders of MPRDA Rights and signatories to the Charters. The applicants' reliance on Rule 16A was misplaced, as it does not cure non-joinder. The court found that procedural mechanisms exist to address practical difficulties in joining numerous affected parties, such as class actions or specific directions from the court. Consequently, the point in limine on non-joinder...

Citation
[2017] ZAGPPHC 303
Parties
Applicant: John Hulme Scholes; Applicant: Malan Scholes Incorporated; Respondent: Minister of Mineral Resources
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 June 2017
Case Number
50642/2015
Procedural Posture
Constitutional Application / Preliminary Point (non Joinder) Decided; Merits Postponed Sine Die
Outcome
Application not decided on merits; point in limine (non-joinder) upheld; applicants ordered to join interested parties; costs awarded against applicants.
Judges
M B Mokoena
Legal Topics
Mineral and Petroleum Resources Development Act, Non Joinder, Mining Charter, Constitutional Invalidity, Locus Standi, Administrative Action Review
Constitutional Law Administrative Law Land and Property Mineral and Petroleum Resources Development Act Non Joinder Mining Charter Constitutional Invalidity Locus Standi +1 more

Case Brief

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Parties

John Hulme Scholes

Applicant

Malan Scholes Incorporated

Applicant

Minister of Mineral Resources

Respondent

Procedural Posture

Constitutional Application / Preliminary Point (non Joinder) Decided; Merits Postponed Sine Die

Legal Issues

  1. 1 Whether the applicants failed to join parties with a direct and substantial interest in the relief sought.
  2. 2 Whether the relief sought would adversely affect the rights of stakeholders not cited in the proceedings.
  3. 3 Whether the applicants have locus standi to challenge the Minister's powers and the Mining Charter.

Ratio Decidendi

The court held that the applicants failed to join parties who have a direct and substantial interest in the outcome of the application, particularly stakeholders involved in the development and adoption of the Mining Charters. The relief sought, if granted, would adversely affect the rights of these stakeholders, including holders of MPRDA Rights and signatories to the Charters. The applicants' reliance on Rule 16A was misplaced, as it does not cure non-joinder. The court found that procedural mechanisms exist to address practical difficulties in joining numerous affected parties, such as class actions or specific directions from the court. Consequently, the point in limine on non-joinder...

Court Disposition

Application not decided on merits; point in limine (non-joinder) upheld; applicants ordered to join interested parties; costs awarded against applicants.

Orders

  • The point in limine for non-joinder is upheld.
  • The applicants are ordered to join the parties having direct and substantial interest in this matter.