South Africa Case Law

WD Mining (Pty) Ltd v New Venture Mining Investment Holdings and Others (M107/22)

WD Mining (Pty) Ltd v New Venture Mining Investment Holdings and Others (M107/22) [2023] ZANWHC 163 (15 August 2023)

Court

North West High Court, Mafikeng

Case number

M107/22

Judge

S Mfenyana

The High Court dismissed WD Mining’s application to enforce a mining agreement and ordered attorney-and-client costs after finding the claim unproved and the applicant’s conduct blameworthy.

• Specific Performance
• Contract Breach
• Mining Rights
• Mineral And Petroleum Resources Act
• Costs Award
• Specific-performance

Transnet SOC Ltd v Husselman and Others (1302/2012)

Transnet SOC Ltd v Husselman and Others (1302/2012) [2012] ZANCHC 44 (21 September 2012)

Court

Northern Cape High Court, Kimberley

Case number

1302/2012

Judge

KGOMO JP

The court found that Transnet, as the registered owner of the land on which the crusher-waste stockpile is situated, enjoys a presumption of ownership over the stockpile. The respondents failed to produce authentic documentation to support their claim of ownership, and the letter relied upon by Husselmann was found to be prima facie fraudulent. The respondents did not possess the necessary permits under the Minerals and Petroleum Resources Act to remove the crusher-waste, and their claim of acquisitive prescription was not substantiated by evidence of physical possession. The requirements for…

Source excerpt

• Interim Interdict
• Ownership Of Minerals
• Acquisitive Prescription
• Mineral And Petroleum Resources Act
• Title Deeds
• Forensic Document Examination