Taisoar Consulting and Projects (Pty) Ltd v Canyon Resources (Pty) Ltd and Others; Canyon Resources (Pty) Ltd and Others v Minister of Mineral Resources; In Re: Interlocutary Application (42484/2016; 28668/2016) [2016] ZAGPPHC 531 (24 June 2016)

Taisoar Consulting and Projects (Pty) Ltd v Canyon Resources (Pty) Ltd and Others; Canyon Resources (Pty) Ltd and Others v Minister of Mineral Resources; In Re: Interlocutary Application (42484/2016; 28668/2016) [2016] ZAGPPHC 531 (24 June 2016)

The court held that Canyon Resources (Pty) Ltd failed to demonstrate exceptional circumstances justifying exemption from exhausting internal remedies before seeking judicial review of the refusal to renew its mining right. The urgency and alleged irreparable harm cited by Canyon relate to the urgency of the matter, not to the existence of exceptional circumstances for exemption. The Minister is best placed to resolve the dispute on appeal, given access to relevant facts and documentation. The court found that the internal remedies under section 96 of the Mineral and Petroleum Resources Development Act are effective and not futile. Accordingly, Canyon's interlocutory application for...

Citation
[2016] ZAGPPHC 531
Parties
Applicant: Taisoar Consulting and Projects (Pty) Ltd; Respondent: Canyon Resources (Pty) Ltd; Respondent: Antobiz (Pty) Ltd; Respondent: Minister of Mineral Resources; Respondent: Director-General, Department of Mineral Resources
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
24 June 2016
Case Number
42484/2016; 28668/2016
Procedural Posture
Urgent Application / Interlocutory Application and Urgent Application Heard Together; Judgment on Exemption From Internal Remedies and Interim Interdicts
Outcome
Both Canyon Resources (Pty) Ltd's interlocutory application and Taisoar Consulting and Projects (Pty) Ltd's urgent application are dismissed. Each party to pay its own costs.
Judges
MF Legodi
Legal Topics
Exhaustion of Internal Remedies, Mining Rights, Judicial Review, Interim Interdict, Promotion of Administrative Justice Act, Mineral and Petroleum Resources Development Act
Administrative Law Land and Property Exhaustion of Internal Remedies Mining Rights Judicial Review Interim Interdict Promotion of Administrative Justice Act Mineral and Petroleum Resources Development Act

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Parties

Taisoar Consulting and Projects (Pty) Ltd

Applicant

Canyon Resources (Pty) Ltd

Respondent

Antobiz (Pty) Ltd

Respondent

Minister of Mineral Resources

Respondent

Director-General, Department of Mineral Resources

Respondent

Procedural Posture

Urgent Application / Interlocutory Application and Urgent Application Heard Together; Judgment on Exemption From Internal Remedies and Interim Interdicts

Legal Issues

  1. 1 Whether Canyon Resources (Pty) Ltd should be exempted from exhausting internal remedies before seeking judicial review of the refusal to renew its mining right.
  2. 2 Whether Taisoar Consulting and Projects (Pty) Ltd is entitled to interim interdicts preventing Canyon from mining pending finalization of the main application.
  3. 3 Whether the expiry date of the mining right was May 2015 or May 2016 and the implications for renewal and exclusive rights.

Ratio Decidendi

The court held that Canyon Resources (Pty) Ltd failed to demonstrate exceptional circumstances justifying exemption from exhausting internal remedies before seeking judicial review of the refusal to renew its mining right. The urgency and alleged irreparable harm cited by Canyon relate to the urgency of the matter, not to the existence of exceptional circumstances for exemption. The Minister is best placed to resolve the dispute on appeal, given access to relevant facts and documentation. The court found that the internal remedies under section 96 of the Mineral and Petroleum Resources Development Act are effective and not futile. Accordingly, Canyon's interlocutory application for...

Court Disposition

Both Canyon Resources (Pty) Ltd's interlocutory application and Taisoar Consulting and Projects (Pty) Ltd's urgent application are dismissed. Each party to pay its own costs.

Orders

  • Paragraph 2.3 of the interim order is discharged.
  • Taisoar Consulting and Projects (Pty) Ltd's other reliefs sought in its notice of motion are dismissed.