South Africa Case Law

Schimper N.o. and Others v Director General: Department of Mineral Resources - Free State Province and Others (5769/2015)

Schimper N.o. and Others v Director General: Department of Mineral Resources - Free State Province and Others (5769/2015) [2017] ZAFSHC 225 (11 December 2017)

Court

Free State High Court, Bloemfontein

Case number

5769/2015

Judges

C Reinders, S Chesiwe

The High Court dismissed a review of a mining-right grant, finding consultation adequate, the decision lawful and procedurally fair, and the applicants’ concerns largely unsupported.

• Mining Rights
• Promotion Of Administrative Justice Act
• Consultation Requirements
• Environmental Impact
• Procedural Fairness
• Mining-rights

Barnett and Others v Minister of Land Affairs and Others (304/06)

Barnett and Others v Minister of Land Affairs and Others (304/06) [2007] ZASCA 95; 2007 (6) SA 313 (SCA); 2007 (11) BCLR 1214 (SCA) (6 September 2007)

Court

Supreme Court of Appeal

Case number

304/06

Judges

Brand, Howie, Jafta, Maya, Combrinck

The Supreme Court of Appeal held that the appellants' occupation and construction of cottages on State land within the coastal conservation area was unlawful, as no valid consent or permit was obtained under the applicable statutory framework. The court found that the Government's claims were not prescribed, as the occupation constituted a continuous wrong, giving rise to ongoing actionable claims. The court rejected the appellants' reliance on informal rights and customary law, finding no evidence of a relevant custom or practice permitting non-residents to occupy the land. The court further…

Source excerpt

• Coastal Conservation Area
• Unlawful Occupation
• Prescription Act
• Prevention Of Illegal Eviction Act
• Environmental Impact
• Customary Law Permission