South Africa Case Law

Mpilo and Zen Holdings (Pty) Ltd v Centurion Mining Company (Pty) Ltd and Others (2815/2023)

Mpilo and Zen Holdings (Pty) Ltd v Centurion Mining Company (Pty) Ltd and Others (2815/2023) [2023] ZAMPMBHC 43 (26 July 2023)

Court

Mbombela High Court, Mpumalanga

Case number

2815/2023

Judge

Roelofse AJ

The court found that the applicant holds a valid mining permit under the MPRDA, which entitles it to mine gold from the tailings on the property. Centurion's claim to ownership of the tailings was based on old order mining rights that were not converted under the MPRDA and have therefore lapsed. The tailings, in the circumstances, are considered immovable and part of the property, and Centurion failed to establish ownership. The DMRE's declaration of Centurion's ownership was ultra vires and not an administrative decision under the MPRDA, thus not subject to internal remedies under section 96…

Source excerpt

• Mining Permit
• Ownership Of Tailings
• Interim Interdict
• Old Order Mining Rights
• Promotion Of Administrative Justice Act
• Conversion Of Mining Rights

Inyaku Game Farm(Pty)Ltd v Gelletich Mining Industries (Pty)Ltd and Others (51602/2014)

Inyaku Game Farm(Pty)Ltd v Gelletich Mining Industries (Pty)Ltd and Others (51602/2014) [2016] ZAGPPHC 810 (6 September 2016)

Court

North Gauteng High Court, Pretoria

Case number

51602/2014

Judge

H.J Fabricius

The High Court held that the respondents’ Old Order Mining Right had not lapsed and dismissed an eviction application with costs.

• Rei Vindicatio
• Old Order Mining Right
• Security Of Tenure
• Mineral And Petroleum Resources Development Act
• Conversion Of Mining Rights
• Rei-vindicatio

African Exploration Mining and Finance Corporation (Pty) Ltd and Another v Minister of Mineral Resources and Others (20058/2014)

African Exploration Mining and Finance Corporation (Pty) Ltd and Another v Minister of Mineral Resources and Others (20058/2014) [2015] ZASCA 77 (27 May 2015)

Court

Supreme Court of Appeal

Case number

20058/2014

Judges

Lewis, Willis, Saldulker, Meyer, Gorven

The court held that Tavistock validly held and converted its old order mining right, so AFEX could not challenge the conversion or obtain a competing prospecting right.

• Mineral And Petroleum Resources Development Act
• Old Order Mining Rights
• Conversion Of Mining Rights
• Standing To Review
• Exhaustion Of Internal Remedies
• Mineral-and-petroleum-resources-development-act

Van den Heever v Minister of Minerals and Energy and Others (150/2014)

Van den Heever v Minister of Minerals and Energy and Others (150/2014) [2015] ZASCA 19 (19 March 2015)

Court

Supreme Court of Appeal

Case number

150/2014

Judges

Brand, Lewis, Cachalia, Zondi, Dambuza

The court held that a 2001 letter did not abandon a mining right. Read in context, it was a request to amend a lease for agricultural use, so the appeal failed.

• Mining Rights
• Abandonment Of Rights
• Review Of Administrative Action
• Conversion Of Mining Rights
• Mining-rights
• Abandonment-of-rights

Kowie Quarry CC v Ndlambe Municipality (1897/08)

Kowie Quarry CC v Ndlambe Municipality (1897/08) [2008] ZAECHC 183 (29 September 2008)

Court

High Courts - Eastern Cape

Case number

1897/08

Judge

Revelas

The applicant's mining rights and entitlement to access the property were subject to the terms and duration of both the lease agreement and the mining licence, both of which expired on 30 September 2008. The Mineral and Petroleum Resources Development Act provides for the conversion of old order mining rights, but only within the period and conditions originally granted. The applicant's interpretation, which would allow continued mining regardless of the lease expiry, would irrationally override the property rights of the Municipality and impose a lease beyond its express terms, contrary to t…

Source excerpt

• Mineral And Petroleum Resources Development Act
• Old Order Mining Rights
• Conversion Of Mining Rights
• Lease Expiry
• Property Rights
• Interdicts