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NAD Property Income Fund (Pty) Ltd and Another v Tivane and Others (2692/2022) [2024] ZAMPMBHC 3 (24 January 2024)
The High Court dismissed a respondent’s bid to separate a Rule 6(5)(d)(iii) point of law and ordered the municipality to produce the Rule 53 record.
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)
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.
Adams and Others v Minister of Mineral Resources and Energy and Others (1306/22) [2022] ZAWCHC 24 (1 March 2022)
The court found that Searcher failed to consult meaningfully with small scale fishers, indigenous communities, and other affected parties as required by section 74(4)(a) of the MPRDA. The consultation process was inadequate, excluding key stakeholders and failing to use accessible communication channels. The commencement of the seismic survey without an environmental authorization contravened section 5A of the MPRDA and section 24F(1)(a) of NEMA. The applicants established a prima facie right to protection of their livelihoods, food security, and cultural rights, and demonstrated a well-groun…
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Vusi-Oakford Community Trust v Canelands Estate CC and Others (LCC68/2018) [2018] ZALCC 29 (22 August 2018)
The Land Claims Court's jurisdiction is limited to matters arising under the Restitution Act or those incidental to such matters. The applicant's dispute concerns enforcement of ownership rights and alleged illegal mining after restitution was completed, which does not fall within the scope of the Restitution Act or its incidental jurisdiction. The Court found that there were no existing or anticipated restitution issues to which the present dispute could be incidental. The applicant's reliance on section 22(1)(d) was misplaced, and the cited case law did not support an extension of jurisdict…
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Langebaan Ratepayers And Residents Association v Western Cape Provincial Minister for Local Government Environmental Affairs And Developmental Planning and Others (4917/2013) [2014] ZAWCHC 212 (19 August 2014)
The court found that the first respondent, in granting partial environmental authorization for the Shark Bay development, had properly considered the relevant statutory and regulatory framework, including the principles of sustainable development under the Constitution and NEMA. The decision was based on a comprehensive environmental impact assessment process, specialist reports, and an extensive public participation process. The court held that the first respondent did not fetter his discretion, took into account the status of the property, and was mindful of its environmental sensitivity. T…
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