South Africa Case Law

Vast Mineral Sands (Pty) Ltd v Alexkor SOC Ltd and Others (1452/2023)

Vast Mineral Sands (Pty) Ltd v Alexkor SOC Ltd and Others (1452/2023) [2023] ZANCHC 58 (15 September 2023)

Court

Northern Cape High Court, Kimberley

Case number

1452/2023

Judge

Mamosebo

The court found that the applicant holds a valid prospecting right under the MPRDA, which entitles it to access the land for prospecting purposes. The urgency was established due to the limited duration of the prospecting right and the risk of forfeiture if access is denied. The court rejected Alexkor's arguments regarding outstanding operational agreements, water licences, and health and safety protocols, finding these do not negate the applicant's statutory right of entry. The cooperation agreement and arbitration clause do not preclude urgent court relief. Alexkor's opposition was found to…

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• Prospecting Rights
• Mineral And Petroleum Resources Development Act
• Final Interdict
• Access To Land
• Environmental Authorisation

Venter and Others v Fichardt and Others (2215/2023)

Venter and Others v Fichardt and Others (2215/2023) [2023] ZAFSHC 200 (19 May 2023)

Court

Free State High Court, Bloemfontein

Case number

2215/2023

Judge

C Reinders

The court found that the applicants had established peaceful and undisturbed possession of both the gravel road and the dam, and that the respondents unlawfully deprived them of such possession by erecting fences and obstacles. The respondents' argument that continuous physical presence is required for possession was rejected, as was the contention that alternative access negates spoliation. The court held that the mandament van spolie protects use and access, not just physical occupation, and that the applicants were entitled to restoration of possession ante omnia. The respondents' tender r…

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• Mandament Van Spolie
• Possessory Remedy
• Restoration Of Possession
• Access To Land
• Removal Of Obstacles

Afrisam (SA) Properties (Pty) Ltd v Elandspoort Farming (Pty) Ltd and Others (48644/2017)

Afrisam (SA) Properties (Pty) Ltd v Elandspoort Farming (Pty) Ltd and Others (48644/2017) [2018] ZAGPPHC 580 (13 June 2018)

Court

North Gauteng High Court, Pretoria

Case number

48644/2017

Judge

C I Moosa

Contempt application dismissed where the court found the 4 July 2017 order bound only HVH Gold, and contempt was not proved beyond reasonable doubt.

• Contempt Of Court
• Mining Rights
• Interim Interdict
• Access To Land
• Contempt-of-court
• Mining-rights

Bibbey N.O v Dohne (4645/2014)

Bibbey N.O v Dohne (4645/2014) [2015] ZAFSHC 43 (5 March 2015)

Court

Free State High Court, Bloemfontein

Case number

4645/2014

Judge

Daffue

The Free State High Court confirmed a spoliation order, found the respondent in contempt for breaching a prior order, and dismissed the counter-application.

• Spoliation
• Mandament Van Spolie
• Civil Contempt
• Access To Land
• Urgent Interdict
• Civil-contempt

Holcim (South Africa) Pty) Ltd v Prudent Investors (Pty) Ltd and Others (641/09)

Holcim (South Africa) Pty) Ltd v Prudent Investors (Pty) Ltd and Others (641/09) [2010] ZASCA 109; [2011] 1 All SA 364 (SCA) (17 September 2010)

Court

Supreme Court of Appeal

Case number

641/09

Judges

MPATI P, CLOETE, HEHER, CACHALIA, TSHIQI

The Supreme Court of Appeal held that the definition of 'old order mining right' in Schedule II to the Mineral and Petroleum Resources Development Act 28 of 2002 does not require mining operations to have been conducted on every cadastral unit covered by a mining licence prior to the Act's commencement. The focus is on whether mining operations were being conducted in respect of the mining authorisation as a whole. The licence area is treated as a unified entity, and inactivity on specific portions does not sever those properties from the rights conferred by the licence. The objects of the Tr…

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• Mineral And Petroleum Resources Development Act
• Old Order Mining Rights
• Security Of Tenure
• Transitional Arrangements
• Access To Land
• Interpretation Of Statutes

South African National Roads Agency Ltd and Others v Le Roux NO and Others (A27/08)

South African National Roads Agency Ltd and Others v Le Roux NO and Others (A27/08) [2009] ZAFSHC 122 (3 December 2009)

Court

Free State High Court, Bloemfontein

Case number

A27/08

Judge

P.U. Fischer

Leave to appeal against a final interdict was dismissed. The court held the respondents showed apprehended injury and no adequate alternative remedy.

• Final Interdict
• Mandament Van Spolie
• Access To Land
• Injury Committed Or Apprehended
• Absence Of Alternative Remedy
• Final-interdict

Nel v Kotze (52/2008)

Nel v Kotze (52/2008) [2008] ZANCHC 51 (20 June 2008)

Court

Northern Cape High Court, Kimberley

Case number

52/2008

Judge

Olivier R

The court confirmed an interdict protecting the applicant’s access to his land, but discharged other interim orders and made no costs order.

• Interdict
• Access To Land
• Urgent Application
• Costs Order
• Urgent-interdict
• Access-to-land