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South Africa decisions
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Snowy Owl Properties 284 (Pty) Ltd and Others v Mziki Share Block (Pty) Ltd (642/2022) [2024] ZASCA 79 (27 May 2024)
The Supreme Court of Appeal dismissed an interdict appeal over blocked roads on servitude land, holding the breach was admitted and punitive costs were warranted.
Wesi and Another v McGregor Museum and Others [2023] ZAGPPHC 563; A160/2020 (17 July 2023)
The appeal was dismissed because the mining permit was granted in the absence of a Heritage Impact Assessment, a valid Environmental Management Plan, and a permit from the heritage authority. The mining area was not properly identified, and the application was incomplete and misleading. The appellants failed to provide evidence to counter the respondents' sketch plan, which showed that mining activities occurred within a protected heritage site. The withdrawal of the 'Cease Works Order' was invalid once the mining permit was set aside. The court found no merit in the appellants' arguments reg…
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Aquila Steel SA (Pty) Ltd v South African Steel Company (Pty) Ltd (14612/2013) [2014] ZAGPPHC 218 (14 March 2014)
The court held that the applicant, as holder of a prospecting right and an approved amended Environmental Management Plan, is entitled to access the properties for prospecting activities. The prospecting right remains valid pending renewal under section 18(5) of the MPRDA. The applicant complied with statutory requirements by notifying and consulting both the previous and current landowners. Local authority approval is not required as the properties fall outside a town-planning or zoning scheme under the applicable provincial ordinance. The presence of graves and burial sites, while protected…
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Coal of Africa Limited and Another v Akkerland Boerdery (Pty) Ltd (38528/2012) [2014] ZAGPPHC 195 (5 March 2014)
The court held that the applicant's prospecting right over the farm Lukin was valid and enforceable under the MPRDA, as the administrative acts conferring the right had not been set aside by judicial review and thus remained effective. The respondent's refusal to allow access based on alleged invalidity, lack of consultation, or zoning non-compliance was rejected. The Makhado Land Use Scheme does not prohibit prospecting on agricultural land outside proclaimed townships, and clause 25 provides a permanent exemption for mineral exploitation. The requirements for a final interdict were satisfie…
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Joubert NNO and Others v Maranda Mining Company (Pty) Ltd and Others (55216/09) [2009] ZAGPPHC 136; [2010] 2 All SA 67 (GNP) (5 November 2009)
High Court refused urgent interim relief against mining, finding no clear prima facie right and that the balance of convenience favoured the miner.
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)
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.
Van Eck and Others v Clyde Brickfields (Pty) Ltd and Others (6020/2002) [2006] ZAGPHC 165 (7 April 2006)
The High Court dismissed a final interdict application alleging noise nuisance from a brickfield, finding no proven material nuisance or excessive noise.
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