South Africa Case Law

Itireleng Bakgatla Mineral Resources (Pty) Ltd and Another v Maledu and Others (M495/2015)

Itireleng Bakgatla Mineral Resources (Pty) Ltd and Another v Maledu and Others (M495/2015) [2017] ZANWHC 34 (22 June 2017)

Court

North West High Court, Mafikeng

Case number

M495/2015

Judge

N Gutta

The court found that the applicants' mining right and lease agreement were valid and enforceable until set aside on review, and that sufficient consultation had occurred with the Bakgatla-ba-Kgafela Community, which included the respondents. Section 54 of the MPRDA does not require exhaustion before mining commences, and the respondents' informal land rights were lawfully terminated in accordance with IPILRA. The applicants had a clear right to prospect and mine under the Moses Kotane Town-Planning Scheme, and the respondents failed to plead any prohibition or illegality regarding prospecting…

Source excerpt

• Mining Rights
• Informal Land Rights Act
• Consultation Requirements
• Section 54 Mprda
• Surface Lease Agreements
• Constitutional Property Rights

Setsing Shopping centre (Pty) Ltd v Khan N.O and and Another (4480/2005)

Setsing Shopping centre (Pty) Ltd v Khan N.O and and Another (4480/2005) [2005] ZAFSHC 156 (18 December 2005)

Court

Free State High Court, Bloemfontein

Case number

4480/2005

Judge

G.A. Hattingh

High Court matter confirming a rule nisi against respondents who built on registered land, rejecting reliance on the Interim Protection of Informal Land Rights Act.

• Interdict
• Possession
• Informal Land Rights Act
• Ownership
• Registration Of Land
• Informal-land-rights-act