South Africa Case Law

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

Compregen (Pty) Ltd v Lezmin 2021 (Pty) Ltd and Others (866/2023)

Compregen (Pty) Ltd v Lezmin 2021 (Pty) Ltd and Others (866/2023) [2024] ZAWCHC 284 (27 September 2024)

Court

Western Cape High Court, Cape Town

Case number

866/2023

Judge

Thulare

The court dismissed an application to stop mining at Kraaibosch, holding the applicant’s case relied on inadmissible hearsay, new matter in reply, and lacked standing on the water-use issue.

• Land Use Zoning
• Mining Rights
• Water Use Authorisation
• Hearsay Evidence
• Locus Standi
• Interdictory Relief

Langebaan Ratepayers And Residents Association v Western Cape Provincial Minister for Local Government Environmental Affairs And Developmental Planning and Others (4917/2013)

Langebaan Ratepayers And Residents Association v Western Cape Provincial Minister for Local Government Environmental Affairs And Developmental Planning and Others (4917/2013) [2014] ZAWCHC 212 (19 August 2014)

Court

Western Cape High Court, Cape Town

Case number

4917/2013

Judge

Saldanha

The court found that the first respondent, in granting partial environmental authorization for the Shark Bay development, had properly considered the relevant statutory and regulatory framework, including the principles of sustainable development under the Constitution and NEMA. The decision was based on a comprehensive environmental impact assessment process, specialist reports, and an extensive public participation process. The court held that the first respondent did not fetter his discretion, took into account the status of the property, and was mindful of its environmental sensitivity. T…

Source excerpt

• Promotion Of Administrative Justice Act
• Environmental Authorization
• Land Use Zoning
• Public Participation
• Integrated Coastal Management Act
• Judicial Review

Coal of Africa Limited and Another v Akkerland Boerdery (Pty) Ltd (38528/2012)

Coal of Africa Limited and Another v Akkerland Boerdery (Pty) Ltd (38528/2012) [2014] ZAGPPHC 195 (5 March 2014)

Court

North Gauteng High Court, Pretoria

Case number

38528/2012

Judge

N F Kgomo

The court held that the applicant's prospecting right over the farm Lukin was valid and enforceable under the MPRDA, as the administrative acts conferring the right had not been set aside by judicial review and thus remained effective. The respondent's refusal to allow access based on alleged invalidity, lack of consultation, or zoning non-compliance was rejected. The Makhado Land Use Scheme does not prohibit prospecting on agricultural land outside proclaimed townships, and clause 25 provides a permanent exemption for mineral exploitation. The requirements for a final interdict were satisfie…

Source excerpt

• Prospecting Rights
• Mineral And Petroleum Resources Development Act
• Land Use Zoning
• Environmental Management Plan
• Administrative Action Review
• Constitutional Property Rights

Louw NO and Others v Swartland Municipality (650/2010)

Louw NO and Others v Swartland Municipality (650/2010) [2011] ZASCA 142 (23 September 2011)

Court

Supreme Court of Appeal

Case number

650/2010

Judges

Harms, Cloete, Shongwe, Wallis, Plasket

The Supreme Court of Appeal held that the Minerals and Petroleum Resources Development Act (MPRDA) and the Land Use Planning Ordinance (LUPO) regulate distinct domains: the MPRDA governs the granting of mining rights, while LUPO governs land use planning and zoning. The grant of a mining right under the MPRDA does not entitle the holder to commence mining operations unless the land is zoned to permit mining under LUPO. The Minister, when granting a mining right, is not required to consider municipal planning schemes or integrated development plans. LUPO continues to operate alongside the MPRD…

Source excerpt

• Mining Rights
• Municipal Planning Authorisation
• Land Use Zoning
• Minerals And Petroleum Resources Development Act
• Land Use Planning Ordinance