Thetha Mining Proprietary Limited and Another v Scarlet Sun 15 Proprietary Limited and Others (1285/2018) [2018] ZANCHC 82 (31 August 2018)

Thetha Mining Proprietary Limited and Another v Scarlet Sun 15 Proprietary Limited and Others (1285/2018) [2018] ZANCHC 82 (31 August 2018)

The court found that the applicants had acted reasonably and complied with all reasonable and necessary health and safety requirements as demanded by the respondents, including providing a sufficient indemnity. The respondents' conduct in revising requirements and refusing access was deemed obstructionist and intended to thwart compliance with the access order. The court held that the respondents' reliance on section 79 of the Mine Health and Safety Act was misplaced and constituted an afterthought, as no exemption was granted by the Minister and the DMR had refused such exemption. The distinction between employees and other persons at mines was emphasized, and the court concluded that...

Citation
[2018] ZANCHC 82
Parties
Applicant: Theta Mining Proprietary Limited; Applicant: Lonrho Mining SA Proprietary Limited; Respondent: Scarlet Sun 15 Proprietary Limited; Respondent: The Sydney on Vaal Communal Property Association; Respondent: Derek Soren Corns; Respondent: Harry James Langeveld; Respondent: Thomas Tommy Swartz; Respondent: Enricho Irvia
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
31 August 2018
Case Number
1285/2018
Procedural Posture
Urgent Application / Judgment on Main and Counter Application
Outcome
Applicants' application for declaratory relief granted; respondents found in contempt; counter-application dismissed with costs.
Judges
S C O'Brien
Legal Topics
Mining Rights, Mine Health and Safety Act, Contempt of Court, Interdict, Declaratory Relief
Land and Property Civil Procedure Environmental Law Mining Rights Mine Health and Safety Act Contempt of Court Interdict Declaratory Relief

Case Brief

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Parties

Theta Mining Proprietary Limited

Applicant

Lonrho Mining SA Proprietary Limited

Applicant

Scarlet Sun 15 Proprietary Limited

Respondent

The Sydney on Vaal Communal Property Association

Respondent

Derek Soren Corns

Respondent

Harry James Langeveld

Respondent

Thomas Tommy Swartz

Respondent

Enricho Irvia

Respondent

Procedural Posture

Urgent Application / Judgment on Main and Counter Application

Legal Issues

  1. 1 Whether the respondents are in contempt of the access order granted on 09 February 2018.
  2. 2 Whether the health and safety requirements and indemnity tendered by the applicants are reasonable and adequate.
  3. 3 Whether the respondents' reliance on section 79 of the Mine Health and Safety Act is justified.

Ratio Decidendi

The court found that the applicants had acted reasonably and complied with all reasonable and necessary health and safety requirements as demanded by the respondents, including providing a sufficient indemnity. The respondents' conduct in revising requirements and refusing access was deemed obstructionist and intended to thwart compliance with the access order. The court held that the respondents' reliance on section 79 of the Mine Health and Safety Act was misplaced and constituted an afterthought, as no exemption was granted by the Minister and the DMR had refused such exemption. The distinction between employees and other persons at mines was emphasized, and the court concluded that...

Court Disposition

Applicants' application for declaratory relief granted; respondents found in contempt; counter-application dismissed with costs.

Orders

  • It is declared that the reasonable and necessary health and safety requirements for access are those contained in Annexure 'A' to this order, with specified inclusions and exceptions.
  • The indemnity provided in paragraph 77 of the founding affidavit is sufficient for implementation of the order.