South Africa Case Law

Sonnenberg v Minister of Minerals and Energy and Others (3244/2009)

Sonnenberg v Minister of Minerals and Energy and Others (3244/2009) [2010] ZAFSHC 60 (24 June 2010)

Court

Free State High Court, Bloemfontein

Case number

3244/2009

Judges

C B Cillié, B C Mocumie

The court held that the applicant was not required to exhaust internal remedies under section 96 of the MPRDA because, following previous judgments, the decision to grant the prospecting right by the Regional Manager was regarded as the Minister's decision. The notification and consultation process required by section 16(4)(b) of the MPRDA was not properly followed, as the letter relied upon by the fourth respondent did not inform the applicant of the application for a prospecting right nor provide sufficient details of the proposed activities. No meaningful consultation took place. As a resu…

Source excerpt

• Prospecting Rights
• Procedural Fairness
• Internal Remedies Exhaustion
• Consultation With Landowner
• Judicial Review
• Costs Award

Joubert and Others v Maranda Mining Company (Pty) Ltd (296/08)

Joubert and Others v Maranda Mining Company (Pty) Ltd (296/08) [2009] ZASCA 68; 2010 (1) SA 198 (SCA) ; [2009] 4 All SA 127 (SCA) (29 May 2009)

Court

Supreme Court of Appeal

Case number

296/08

Judges

Nugent, Van Heerden, Mlambo, Kroon, Leach

The Supreme Court of Appeal held that a mining permit holder who complied with consultation requirements had a statutory right to access the mineral rights area.

• Mineral And Petroleum Resources Development Act
• Right Of Access To Land
• Environmental Management Plan
• Consultation With Landowner
• Expropriation Procedure
• Mineral-and-petroleum-resources-development-act