South Africa Case Law

De Jager N.O and Others v Minister of Water Affairs and Others (5481/2022)

De Jager N.O and Others v Minister of Water Affairs and Others (5481/2022) [2025] ZAMPMHC 8 (25 February 2025)

Court

Middelburg High Court, Mpumalanga

Case number

5481/2022

Judge

Vele

The court ordered enforcement of water and mining directives against Rietspruit Crushers, holding that business rescue did not suspend compliance or administrative enforcement.

• Water Use Licensing
• Mining Directives
• Environmental Compliance
• Business Rescue Protection
• Judicial Review Under Paja
• Enforcement Of Administrative Action

Topigs Norsvin SA Proprietary Limited v Eskom Holdings SOC Ltd and Others (013715/2022)

Topigs Norsvin SA Proprietary Limited v Eskom Holdings SOC Ltd and Others (013715/2022) [2024] ZAGPPHC 848 (28 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

013715/2022

Judge

ML Twala

The court corrected a patent omission under Rule 42 and held that NERSA has no statutory duty to enforce environmental compliance at Kusile Power Station.

• National Energy Regulator Act
• Electricity Regulator Act
• Judicial Error Correction
• Environmental Compliance
• Licensing Authority Scope
• Rule-42

Kooij and Others v Middleground Trading 251 CC and Another (1249/18)

Kooij and Others v Middleground Trading 251 CC and Another (1249/18) [2020] ZASCA 45 (23 April 2020)

Court

Supreme Court of Appeal

Case number

1249/18

Judges

Mbha, Zondi, Molemela, Ledwaba, Koen

The Supreme Court of Appeal held that the agreement was not a lease but a peat-rights contract, and that a compliance notice caused permanent impossibility.

• Contract Interpretation
• Lease Vs Right To Mine
• Tacit Terms
• Supervening Impossibility
• Vis Major
• Environmental Compliance

Sedibeng Iron Ore (Pty) Ltd and Another v Rexton Holdings (Pty) Ltd and Others (2772/2017)

Sedibeng Iron Ore (Pty) Ltd and Another v Rexton Holdings (Pty) Ltd and Others (2772/2017) [2019] ZANCHC 47 (27 May 2019)

Court

Northern Cape High Court, Kimberley

Case number

2772/2017

Judge

BM Pakati

The High Court confirmed a rule nisi interdicting respondents from removing manganese ore from Klipfontein Farm, finding Sedibeng’s rights would be interfered with.

• Mining Rights
• Final Interdict
• Waste Management Licence
• Surface Rights
• Environmental Compliance
• Authority To Institute Proceedings

Brick on Brick Property Investments 23 (Pty) Ltd v Chevron South Africa (Pty) Ltd (6412/2013)

Brick on Brick Property Investments 23 (Pty) Ltd v Chevron South Africa (Pty) Ltd (6412/2013) [2013] ZAGPPHC 400 (3 December 2013)

Court

North Gauteng High Court, Pretoria

Case number

6412/2013

Judge

Kollapen

The court found that the assignment of the lease by the first respondent to the second respondent without the applicant's consent constituted a breach of the notarial lease agreement, as the lease expressly prohibited assignment without such consent. The assignment agreement was unconditional and not subject to a suspensive or resolutive condition. Although the lease required notice to remedy a breach before cancellation, the court held that under the circumstances—where the breach had occurred long before the applicant became aware and the respondents' stance indicated unwillingness to remed…

Source excerpt

• Lease Cancellation
• Assignment Of Rights
• Repudiation
• Notice To Remedy
• Ejectment
• Environmental Compliance