VDH Holdings (Pty) Ltd and Another v Minister of Police and Another, In re: Minister of Police and Another v VDH Holdings (Pty) Ltd and Another (46483/16) [2016] ZAGPPHC 1183 (30 November 2016)

VDH Holdings (Pty) Ltd and Another v Minister of Police and Another, In re: Minister of Police and Another v VDH Holdings (Pty) Ltd and Another (46483/16) [2016] ZAGPPHC 1183 (30 November 2016)

The court found that exceptional circumstances exist as the applicants obtained an order by consent, which was subsequently breached by the respondents, resulting in ongoing irreparable harm due to illegal mining. The relief sought is time-sensitive and would be rendered nugatory if suspended pending appeal, as the duration of the order would expire before the appeal process concludes. The respondents admitted the seriousness of the illegal mining and their constitutional obligation to protect the applicants and public assets. The court held that the applicants would suffer irreparable harm if the order is suspended, while the respondents would not suffer prejudice if the order is put...

Citation
[2016] ZAGPPHC 1183
Parties
Applicant: VDH Holdings (Pty) Ltd; Applicant: Absolute Group Management (Pty) Ltd; Respondent: Minister of Police; Respondent: National Head of the Directorate for Priority Crime Investigation
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 November 2016
Case Number
46483/16
Procedural Posture
Urgent Application / Application to Reinstate Operation and Execution of Order Pending Leave to Appeal
Outcome
Application granted; operation and execution of the order of 27 October 2016 reinstated pending finalisation of appeal.
Judges
Van Der Westhuizen
Legal Topics
Section 18 Superior Courts Act, Contempt of Court, Illegal Mining, Constitutional Obligations of Police, Urgent Interdict, Irreparable Harm
Civil Procedure Land and Property Constitutional Law Section 18 Superior Courts Act Contempt of Court Illegal Mining Constitutional Obligations of Police Urgent Interdict +1 more

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Parties

VDH Holdings (Pty) Ltd

Applicant

Absolute Group Management (Pty) Ltd

Applicant

Minister of Police

Respondent

National Head of the Directorate for Priority Crime Investigation

Respondent

Procedural Posture

Urgent Application / Application to Reinstate Operation and Execution of Order Pending Leave to Appeal

Legal Issues

  1. 1 Whether exceptional circumstances exist to justify reinstating the operation and execution of the order pending appeal.
  2. 2 Whether the applicants will suffer irreparable harm if the order is suspended.
  3. 3 Whether the respondents will suffer irreparable harm if the order is put into operation.

Ratio Decidendi

The court found that exceptional circumstances exist as the applicants obtained an order by consent, which was subsequently breached by the respondents, resulting in ongoing irreparable harm due to illegal mining. The relief sought is time-sensitive and would be rendered nugatory if suspended pending appeal, as the duration of the order would expire before the appeal process concludes. The respondents admitted the seriousness of the illegal mining and their constitutional obligation to protect the applicants and public assets. The court held that the applicants would suffer irreparable harm if the order is suspended, while the respondents would not suffer prejudice if the order is put...

Court Disposition

Application granted; operation and execution of the order of 27 October 2016 reinstated pending finalisation of appeal.

Orders

  • The operation and execution of the order under case number 46483/2016, granted on 27 October 2016, is not suspended and remains in full force and effect pending finalisation of the respondents' application for leave to appeal and any further appeal steps.
  • The respondents are directed to pay the costs of this application, including the costs of two counsel.