Sedibeng Iron Ore (Pty) Ltd and Another v Rexton Holdings (Pty) Ltd and Others (2772/2017) [2019] ZANCHC 47 (27 May 2019)

Sedibeng Iron Ore (Pty) Ltd and Another v Rexton Holdings (Pty) Ltd and Others (2772/2017) [2019] ZANCHC 47 (27 May 2019)

The court found that Sedibeng Iron Ore (Pty) Ltd holds a valid mining right over Klipfontein Farm 437, granting it undisturbed possession and control of the mining area and associated dumps. The respondents' prospecting right was suspended pending appeal, and they lacked authority to remove manganese ore from the property. The respondents failed to provide substantive evidence or counter-reports to challenge the applicants' expert evidence regarding the location and impact of the dumps. The removal of manganese ore by the respondents would interfere with Sedibeng's mining operations, health and safety obligations, and expose it to significant legal and financial risks under mining and...

Citation
[2019] ZANCHC 47
Parties
Applicant: Sedibeng Iron Ore (Pty) Ltd; Applicant: Isaacs Klipfontein CC, representing the Klipfontein Community; Respondent: Rexton Holdings (Pty) Ltd; Respondent: Hermanus Nicolaas Steenkamp; Respondent: Gordon Andrew McCrae; Respondent: Bennie Steenkamp; Respondent: Northern Cape Provincial Government; Respondent: Department of Roads and Public Works; Respondent: Department of Mineral Resources
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
27 May 2019
Case Number
2772/2017
Procedural Posture
Urgent Application / Return Day of Rule Nisi; Confirmation of Interim Interdict
Outcome
Rule nisi confirmed; final interdict granted in favour of the applicants.
Judges
BM Pakati
Legal Topics
Mining Rights, Final Interdict, Waste Management Licence, Surface Rights, Environmental Compliance, Authority to Institute Proceedings
Land and Property Civil Procedure Environmental Law Mining Rights Final Interdict Waste Management Licence Surface Rights Environmental Compliance +1 more

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Parties

Sedibeng Iron Ore (Pty) Ltd

Applicant

Isaacs Klipfontein CC, representing the Klipfontein Community

Applicant

Rexton Holdings (Pty) Ltd

Respondent

Hermanus Nicolaas Steenkamp

Respondent

Gordon Andrew McCrae

Respondent

Bennie Steenkamp

Respondent

Northern Cape Provincial Government

Respondent

Department of Roads and Public Works

Respondent

Department of Mineral Resources

Respondent

Procedural Posture

Urgent Application / Return Day of Rule Nisi; Confirmation of Interim Interdict

Legal Issues

  1. 1 Whether the applicants are entitled to a final interdict restraining the first and third respondents from entering and removing manganese ore from Klipfontein Farm 437.
  2. 2 Whether Sedibeng Iron Ore (Pty) Ltd has a clear right to undisturbed possession and control over the mining area and dumps.
  3. 3 Whether the respondents' activities interfere with the applicants' mining rights and obligations under relevant legislation.

Ratio Decidendi

The court found that Sedibeng Iron Ore (Pty) Ltd holds a valid mining right over Klipfontein Farm 437, granting it undisturbed possession and control of the mining area and associated dumps. The respondents' prospecting right was suspended pending appeal, and they lacked authority to remove manganese ore from the property. The respondents failed to provide substantive evidence or counter-reports to challenge the applicants' expert evidence regarding the location and impact of the dumps. The removal of manganese ore by the respondents would interfere with Sedibeng's mining operations, health and safety obligations, and expose it to significant legal and financial risks under mining and...

Court Disposition

Rule nisi confirmed; final interdict granted in favour of the applicants.

Orders

  • The rule nisi granted on 17 November 2017 is hereby confirmed.
  • First and third respondents, Rexton Holdings and Mr Gordon Andrew McCrae, are ordered to pay costs of the application on the scale as between attorney and client including the costs of 17 November 2017, 01 December 2017, 23 February 2018, 17 August 2018 and 07 December 2018, jointly and severally the one paying the...