Thungela Operations (Pty) v Ltd Xakwa Coal (Pty) Ltd and Others (24010/2022) [2022] ZAGPPHC 889 (18 November 2022)

Thungela Operations (Pty) v Ltd Xakwa Coal (Pty) Ltd and Others (24010/2022) [2022] ZAGPPHC 889 (18 November 2022)

The court found that the applicant acted reasonably in launching and maintaining the application, given the ongoing discharge of mine-impacted water and the absence of regulatory intervention at the time. The subsequent issuance of a directive by the Department of Water and Sanitation rendered the relief sought unnecessary, justifying withdrawal. Section 32(2) of NEMA applies, as the applicant acted in the public interest and sought enforcement of statutory duties. The court exercised its discretion to order that each party pay its own costs, considering that no final determination was made on the disputed facts and neither party pursued further relief. The applicant should not be...

Citation
[2022] ZAGPPHC 889
Parties
Applicant: Thungela Operations (Pty) Ltd; Respondent: Xakwa Coal (Pty) Ltd; Respondent: Wealthage House of Capital Pty Ltd; Respondent: Bentech Mining (Pty) Ltd; Respondent: Thabo Machete; Respondent: Minister of Water and Sanitation; Respondent: Minister of Mineral Resources and Energy
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
18 November 2022
Case Number
24010/2022
Procedural Posture
Urgent Application / Costs Determination Following Withdrawal of Application
Outcome
Application withdrawn; each party to pay its own costs.
Judges
N Davis
Legal Topics
National Water Act Directive, Costs on Withdrawal, Interdict Proceedings, Duty of Care Under Nema
Environmental Law Civil Procedure National Water Act Directive Costs on Withdrawal Interdict Proceedings Duty of Care Under Nema

Case Brief

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Parties

Thungela Operations (Pty) Ltd

Applicant

Xakwa Coal (Pty) Ltd

Respondent

Wealthage House of Capital Pty Ltd

Respondent

Bentech Mining (Pty) Ltd

Respondent

Thabo Machete

Respondent

Minister of Water and Sanitation

Respondent

Minister of Mineral Resources and Energy

Respondent

Procedural Posture

Urgent Application / Costs Determination Following Withdrawal of Application

Legal Issues

  1. 1 Whether the applicant acted reasonably in launching and maintaining the application prior to withdrawal.
  2. 2 Whether the applicant should be liable for costs after withdrawing the application.
  3. 3 Whether section 32(2) of NEMA applies to shield the applicant from adverse costs.

Ratio Decidendi

The court found that the applicant acted reasonably in launching and maintaining the application, given the ongoing discharge of mine-impacted water and the absence of regulatory intervention at the time. The subsequent issuance of a directive by the Department of Water and Sanitation rendered the relief sought unnecessary, justifying withdrawal. Section 32(2) of NEMA applies, as the applicant acted in the public interest and sought enforcement of statutory duties. The court exercised its discretion to order that each party pay its own costs, considering that no final determination was made on the disputed facts and neither party pursued further relief. The applicant should not be...

Court Disposition

Application withdrawn; each party to pay its own costs.

Orders

  • The applicant and the fourth respondent shall each pay its own costs.