Rustenburg Platinum Mines Limited v Kelahlile and Others (M550/21)
Rustenburg Platinum Mines Limited v Kelahlile and Others (M550/21) [2024] ZANWHC 298 (5 December 2024)
The applicant established a clear right to conduct its business under a Precious Metals Refinery License. However, the evidence showed that the unlawful conduct by the respondents occurred only on 3 and 4 August 2021, with no recurrence since then. The applicant failed to demonstrate a reasonable apprehension of future harm, as required for a final interdict. The timeline of events and the absence of further incidents undermined the claim of ongoing threat. Additionally, the applicant had alternative remedies available, including criminal proceedings. The court exercised its discretion and fo…
Source excerpt
- Final Interdict
- Hostage Situation
- Protest Action
- Alternative Remedy
- Balance Of Convenience