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Jaments (Pty) Ltd v Northern Coal (Pty) Ltd (2024-061972) [2024] ZAGPPHC 1075 (29 October 2024)
Leave to appeal was dismissed after the court found no reasonable prospect of success against setting aside the Minister’s suspension of a mining consent.
Northern Coal v Minister of Mineral Resources and Energy and Others (2024-061972) [2024] ZAGPPHC 750 (24 July 2024)
The court found that section 102 of the MPRDA does not require a valid prospecting right over the area to be added to an existing mining right. Northern Coal's section 102 application was first in time and should take precedence over Jaments' subsequent application. The Minister's suspension decision was based on irrelevant considerations and failed to consider the real and imminent harm to Northern Coal, including financial, employment, and environmental consequences. The principle of first-in-time, first-in-right applies to section 102 consent applications, and the Minister erred in law by…
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