South Africa Case Law

Mafube Coal Mining Proprietary Limited v Buti and Others (LCC40/2024)

Mafube Coal Mining Proprietary Limited v Buti and Others (LCC40/2024) [2024] ZALCC 40 (6 November 2024)

Court

Land Claims Court

Case number

LCC40/2024

Judge

Ncube

The court found that the respondents' reliance on an established practice permitting burial at the homestead was misplaced, as the only established practice was burial at graveyard 1, not at homesteads. There was no consent from the applicant for burial at the homestead, and the respondents had previously agreed to relocate graves but later reneged and made unreasonable demands. Furthermore, the respondents raised the issue of established practice for the first time on appeal, without reference to section 6(2)(dA) of ESTA in their earlier pleadings. Applying the test for leave to appeal, the…

Source excerpt

• Leave To Appeal
• Burial Rights
• Established Practice
• Consent Of Landowner
• Superior Courts Act
• Esta Section 6 2 Da

Modikwa Platinum Mine, an unincorporated joint venture between Rustenburg Platinum Mines Limited and Arm Mining Consortium Limited v Nkwe Platinum Limited and Others (1333/2021)

Modikwa Platinum Mine, an unincorporated joint venture between Rustenburg Platinum Mines Limited and Arm Mining Consortium Limited v Nkwe Platinum Limited and Others (1333/2021) [2023] ZASCA 8 (6 February 2023)

Court

Supreme Court of Appeal

Case number

1333/2021

Judges

Ponnan, Molemela, Carelse, Hughes, Chetty

The SCA dismissed an appeal in a spoliation dispute, holding that factual disputes and the respondents’ evidence of consent and authorisation could not be rejected on the papers.

• Mandament Van Spolie
• Mining Rights
• Consent Of Landowner
• Disputes Of Fact
• Environmental Authorization
• Urgent Application