Theta Mining Proprietary Limited and Another v Scarlet Sun 15 Proprietary Limited and Others (1959/2016) [2016] ZANCHC 83 (25 November 2016)

Theta Mining Proprietary Limited and Another v Scarlet Sun 15 Proprietary Limited and Others (1959/2016) [2016] ZANCHC 83 (25 November 2016)

The court found that the applicants failed to establish a prima facie right to traverse the Than farm to access Drooge Veldt. The evidence did not support the assertion that Drooge Veldt was landlocked, as alternative access via the Rooipoort road existed. The applicants did not exhaust internal remedies, such as...

Source-derived case information.

Citation
[2016] ZANCHC 83
Parties
Applicant: Theta Mining Proprietary Limited; Applicant: Lonrho Mining SA Proprietary Limited; Respondent: Scarlet Sun 15 Proprietary Limited; Respondent: BSO Konsultante CC trading as Delta Gespesialseerde Dienste; Respondent: The Government of the Republic of South Africa; Respondent: The Minister of Rural Development and Land Reform; Respondent: The Sydney on Vaal Communal Property Association; Respondent: Northern Cape Provincial Government: Department of Roads and Public Works; Respondent: The Minister of Mineral Resources; Respondent: The Regional Manager, North Cape Region of the Department of Minerals and Energy; Respondent: The Registrar of Deeds, Kimberley
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
25 November 2016
Case Number
1959/2016
Procedural Posture
Urgent Application / Return Date of Interim Interdict; Application for Extension of Interim Relief Pending Action
Outcome
Application dismissed; interim order discharged; costs awarded against applicants.
Judges
Mamosebo
Legal Topics
Interim Interdict, Right of Way by Necessity, Mineral and Petroleum Resources Development Act, Consultation Requirements, Environmental Authorisation, Internal Remedies
Land and Property Civil Procedure Administrative Law Interim Interdict Right of Way by Necessity Mineral and Petroleum Resources Development Act Consultation Requirements Environmental Authorisation +1 more

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Parties

Theta Mining Proprietary Limited

Applicant

Lonrho Mining SA Proprietary Limited

Applicant

Scarlet Sun 15 Proprietary Limited

Respondent

BSO Konsultante CC trading as Delta Gespesialseerde Dienste

Respondent

The Government of the Republic of South Africa

Respondent

The Minister of Rural Development and Land Reform

Respondent

The Sydney on Vaal Communal Property Association

Respondent

Northern Cape Provincial Government: Department of Roads and Public Works

Respondent

The Minister of Mineral Resources

Respondent

The Regional Manager, North Cape Region of the Department of Minerals and Energy

Respondent

The Registrar of Deeds, Kimberley

Respondent

Procedural Posture

Urgent Application / Return Date of Interim Interdict; Application for Extension of Interim Relief Pending Action

Legal Issues

  1. 1 Whether the applicants have a prima facie right to traverse the Than farm to access Drooge Veldt.
  2. 2 Whether Drooge Veldt is landlocked and necessitates a right of way via necessity.
  3. 3 Whether the applicants exhausted internal remedies before approaching the court.

Ratio Decidendi

The court found that the applicants failed to establish a prima facie right to traverse the Than farm to access Drooge Veldt. The evidence did not support the assertion that Drooge Veldt was landlocked, as alternative access via the Rooipoort road existed. The applicants did not exhaust internal remedies, such as consulting the Regional Manager, as required by the MPRDA. The Environmental Authorisation did not specify the road to be used, and the applicants did not provide sufficient documentation to support their entitlement. The balance of convenience favoured dismissal, as the applicants had alternative remedies available. The requirements for a temporary interdict were not met, and...

Court Disposition

Application dismissed; interim order discharged; costs awarded against applicants.

Orders

  • The interim order granted on 16 September 2016 is discharged.
  • The first applicant, Theta Mining Proprietary Limited, and the second applicant, Lonrho Mining SA Proprietary Limited, are ordered to pay the costs jointly and severally, the one paying the other to be absolved.