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South Africa decisions
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Iviyo Consulting Engineers (Pty) Ltd v Dongastro Emperio (Pty) Ltd and Others (2024-304) [2024] ZAGPPHC 420 (9 May 2024)
The High Court granted amended interdicts to stop ongoing illegal coal mining and related conduct, rejected jurisdiction and authority objections, and ordered each side to bear its own costs.
Palm Chrome (Pty) Ltd v 2 Glowing Sunset Trading 56 CC and Another (047429/2023) [2023] ZAGPPHC 714 (24 August 2023)
The High Court granted a final interdict stopping alleged illegal mining and prospecting on the applicant’s property, finding the respondents had no lawful right to mine.
Harmony Gold Mining Company Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR1457/19) [2023] ZALCJHB 210 (10 July 2023)
Labour Court dismissed a review of a CCMA award, holding that circumstantial evidence did not prove dishonesty by the employee in an alleged illegal-mining incident.
Chaba and Others v S (A190/2017) [2019] ZAFSHC 108; [2019] 3 All SA 103 (FB) (22 March 2019)
The court found that the cumulative circumstantial evidence, including the discovery of illegal gold refinery plants, documents, photographs, and the circumstances of arrest, established beyond reasonable doubt that the appellants participated in an organized racketeering enterprise involving illegal mining, theft of precious metals, and money laundering. The physical extraction of ore satisfied the element of appropriation required for theft, regardless of whether the ore remained on the mine premises. The doctrine of common purpose was correctly applied, as the evidence showed active associ…
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De Beers Consolidated Mines (Pty) Ltd v Seekoei and Others (1488/17) [2018] ZANCHC 21 (20 April 2018)
The court found that De Beers is the registered owner and mining right holder of the properties in question. The respondents' claim of tacit or express consent to mine was not substantiated, and any alleged consent was validly terminated. The respondents failed to produce any permit or licence authorising mining activities. The defence of lis pendens was rejected as the properties and parties in related litigation were not identical. The citation of unidentified illegal miners was found enforceable due to the provision of a list of names. The requirements for a final interdict—clear right, ir…
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VDH Holdings (Pty) Ltd and Another v Minister of Police and Another, In re: Minister of Police and Another v VDH Holdings (Pty) Ltd and Another (46483/16) [2016] ZAGPPHC 1183 (30 November 2016)
The High Court reinstated the operation of an order pending appeal, finding exceptional circumstances and irreparable harm under section 18 of the Superior Courts Act.
Mugota v S (A244/2013) [2014] ZAFSHC 25 (13 March 2014)
The High Court dismissed an appeal against sentence for trespass, illegal immigration and attempted theft, finding no basis to interfere with the trial court’s discretion.
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