South Africa Case Law

Tshipise Safaris (Pty) Ltd v TD Nhlamulo and His Mother Logistics and Business Enterprises (Pty) Ltd and Others (538/2022)

Tshipise Safaris (Pty) Ltd v TD Nhlamulo and His Mother Logistics and Business Enterprises (Pty) Ltd and Others (538/2022) [2025] ZALMPPHC 124 (19 June 2025)

Court

Limpopo High Court, Polokwane

Case number

538/2022

Judge

S Du Plessis

The Court found that the Applicant had locus standi under both the National Environmental Management Act and the Constitution, despite not being the registered owner, due to its beneficial ownership and undisturbed possession. The First and Tenth Respondents were found to have continued mining activities unlawfully after the lapse of their permit, in contempt of previous court orders and statutory requirements. The Department of Mineral Resources and Energy and SAPS failed to enforce compliance notices and statutory obligations. The Respondents' points in limine, including non-joinder, lis pe…

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• Mining Permit Renewal
• Environmental Authorisation
• Contempt Of Court
• Unlawful Mining
• Public Participation
• Internal Appeal Process

L'Ormarins (Pty) Ltd and Another v Minister of Mineral and Petroleum Resources and Others (5414/2024)

L'Ormarins (Pty) Ltd and Another v Minister of Mineral and Petroleum Resources and Others (5414/2024) [2025] ZAECMKHC 1 (14 January 2025)

Court

Eastern Cape High Court, Makhanda

Case number

5414/2024

Judge

Laing

Urgent interdict granted to stop mining pending internal appeal over a disputed mining right and alleged zoning and environmental irregularities.

• Mining Rights
• Public Participation
• Environmental Impact Assessment
• Land Use Zoning
• Interdictory Relief
• Internal Appeal Process

Samancor Chrome Ltd v VDH Holdings (Pty) Ltd and Others (344/19)

Samancor Chrome Ltd v VDH Holdings (Pty) Ltd and Others (344/19) [2020] ZASCA 96 (27 August 2020)

Court

Supreme Court of Appeal

Case number

344/19

Judges

Cachalia, Saldulker, Mbha, Van der Merwe, Matojane

The Supreme Court of Appeal upheld Samancor’s appeal, finding its consultation with interested and affected parties for a mining right was adequate.

• Mining Rights
• Consultation With Affected Parties
• Review Of Administrative Action
• Environmental Management Programme
• Internal Appeal Process
• Public Participation

Anglo American Inyosi Coal (Pty) Ltd v Claasssen and Another (40387/2013)

Anglo American Inyosi Coal (Pty) Ltd v Claasssen and Another (40387/2013) [2014] ZAGPPHC 1070 (28 March 2014)

Court

North Gauteng High Court, Pretoria

Case number

40387/2013

Judge

E M Kubushi

The court found that section 96(2) of the Mineral and Petroleum Resources Development Act is explicit: the lodging of an appeal does not suspend the administrative decision unless the Director-General or Minister expressly suspends it. In this case, the respondents' appeal and request for suspension had not resulted in any suspension by the Director-General. Therefore, the approval of the EMP addendum remained effective, and the applicant retained a clear right to access the property for borehole drilling. The requirements for a final interdict were satisfied, and the respondents' arguments r…

Source excerpt

• Mining Rights
• Environmental Authorisation
• Interdict
• Internal Appeal Process
• Costs Award