South Africa Case Law

Sefateng Chrome Mine (Pty) Ltd v Minister of Mineral Resources and Energy and Others (36955/2022)

Sefateng Chrome Mine (Pty) Ltd v Minister of Mineral Resources and Energy and Others (36955/2022) [2025] ZAGPPHC 622 (9 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

36955/2022

Judge

S Van Aswegen

The High Court reviewed and set aside a mining right granted to Lethabo, finding a moratorium, lack of consultation, and other MPRDA defects.

• Promotion Of Administrative Justice Act
• Mineral And Petroleum Resources Development Act
• Mining Rights
• Consultation Requirements
• Moratorium On Mining Rights
• Security Of Tenure

Bosaletse N.O. and Others v Minister of Mineral Resources and Energy (2015/2022)

Bosaletse N.O. and Others v Minister of Mineral Resources and Energy (2015/2022) [2025] ZAFSHC 3 (6 January 2025)

Court

Free State High Court, Bloemfontein

Case number

2015/2022

Judge

Van Rhyn

The court found that the plaintiffs never acquired a prospecting right, as their application was declined due to failure to obtain the landowner's consent. The claim for damages is a personal right, not a real right, and thus constitutes a 'debt' under the Prescription Act. The plaintiffs' cause of action arose at the latest by September 2013, when they knew or ought to have known of the refusal. As summons was only issued in May 2022, the claim for damages prescribed by September 2016. The plaintiffs did not act diligently and failed to exhaust internal remedies. The special plea of prescrip…

Source excerpt

• Prospecting Rights
• Extinctive Prescription
• Mandamus
• Mineral And Petroleum Resources Development Act
• Access To Court
• Real Vs Personal Rights

Minister of Mineral Resources and Energy and Another v Assmang Proprietary Limited (Leave to Appeal) (13164/2022 ; 13165/2022 ; 13166/2022)

Minister of Mineral Resources and Energy and Another v Assmang Proprietary Limited (Leave to Appeal) (13164/2022 ; 13165/2022 ; 13166/2022) [2024] ZAGPPHC 1189 (18 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

13164/2022 ; 13165/2022 ; 13166/2022

Judge

E van der Schyff

The High Court dismissed the applicants’ leave to appeal, finding no reasonable prospect of success and awarding costs for one counsel only.

• Mineral And Petroleum Resources Development Act
• Leave To Appeal
• Prospects Of Success
• Costs Award
• Leave-to-appeal
• Reasonable-prospects-of-success

Mosito Mining (Pty) Ltd v Minister of Mineral Resources and Energy of the Republic of South Africa and Others (783/22)

Mosito Mining (Pty) Ltd v Minister of Mineral Resources and Energy of the Republic of South Africa and Others (783/22) [2024] ZAGPPHC 976 (26 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

783/22

Judge

Williams

The High Court postponed a mining-permit dispute sine die, allowed further review papers, and interdicted officials from issuing diamond rights on the farm pending finalisation.

• Mineral And Petroleum Resources Development Act
• Mining Permit Application
• Prospecting Rights
• Internal Appeal
• Mandamus
• Judicial Review

Alexkor SOC Ltd v Vast Mineral Sands (Pty) Ltd and Others (CA+R26/2024; 1452/2023)

Alexkor SOC Ltd v Vast Mineral Sands (Pty) Ltd and Others (CA+R26/2024; 1452/2023) [2024] ZANCHC 87 (10 September 2024)

Court

Northern Cape High Court, Kimberley

Case number

CA+R26/2024

Judges

Lever, Nxumalo, Stanton

The court dismissed Alexkor’s appeal against immediate enforcement of an interdict allowing Vast Mineral Sands access to prospect for minerals pending appeal.

• Superior Courts Act Section 18
• Prospecting Rights
• Mineral And Petroleum Resources Development Act
• Interdict
• Exceptional Circumstances
• Irreparable Harm

Ntadile Miniral Resources (Pty) Ltd v Samancor Chrome Limited and Others (2874/2024)

Ntadile Miniral Resources (Pty) Ltd v Samancor Chrome Limited and Others (2874/2024) [2024] ZANWHC 141 (19 June 2024)

Court

North West High Court, Mafikeng

Case number

2874/2024

Judge

FMM Reid

The High Court discharged an urgent rule nisi stopping chrome mining, finding no prima facie right, no irreparable harm, and that the balance favored Samancor.

• Mineral And Petroleum Resources Development Act
• Interim Interdict
• Compensation Dispute
• Surface Rights
• Contractual Obligations
• Interim-interdict

Alexkor Soc Ltd v Vast Mineral Sands (Pty) Ltd (1452/2023)

Alexkor Soc Ltd v Vast Mineral Sands (Pty) Ltd (1452/2023) [2024] ZANCHC 45 (24 April 2024)

Court

Northern Cape High Court, Kimberley

Case number

1452/2023

Judge

Mamosebo

The court dismissed Alexkor’s leave to appeal and granted Vast Mineral’s section 18(3) application, allowing the prospecting order to operate immediately.

• Prospecting Rights
• Environmental Authorisation
• Leave To Appeal
• Exceptional Circumstances
• Irreparable Harm
• Mineral And Petroleum Resources Development Act

Gorosha Leaf Trading 143 CC and Another v Van Diggelen and Others (2022/049627)

Gorosha Leaf Trading 143 CC and Another v Van Diggelen and Others (2022/049627) [2024] ZAGPJHC 126 (12 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/049627

Judge

P Green

The High Court held that an agreement to sell shares in a mining-right holder was not void, but the unlawful transfer without ministerial consent was unenforceable.

• Mineral And Petroleum Resources Development Act
• Transfer Of Mining Rights
• Contract Interpretation
• Ministerial Consent
• Unjustified Enrichment
• Contract-interpretation

Genorah Resources (Pty) Ltd v Nkwe Platinum Limited and Others (2020/40523)

Genorah Resources (Pty) Ltd v Nkwe Platinum Limited and Others (2020/40523) [2024] ZAGPPHC 159 (30 January 2024)

Court

North Gauteng High Court, Pretoria

Case number

2020/40523

Judge

Mokose

The High Court held that the amalgamation triggered section 11 of the MPRDA, required ministerial consent, and caused the mining right share to lapse under section 56.

• Mineral And Petroleum Resources Development Act
• Transfer Of Mining Rights
• Change Of Control
• Foreign Company Amalgamation
• Interdictory Relief
• Locus Standi

Assmang (Pty) Ltd v Ochre Shimmer Trade and Invest 78 (Pty) Ltd and Others (Leave to Appeal) (1252/2023)

Assmang (Pty) Ltd v Ochre Shimmer Trade and Invest 78 (Pty) Ltd and Others (Leave to Appeal) (1252/2023) [2023] ZANCHC 89 (1 December 2023)

Court

Northern Cape High Court, Kimberley

Case number

1252/2023

Judge

Stanton, A

The court found that the first respondent failed to demonstrate reasonable prospects of success on appeal. The grounds of appeal largely repeated arguments already addressed in the main application and written reasons. The evidence did not support the first respondent's claim to lawful possession or consent to access Doornfontein, nor did the minutes or subsequent correspondence establish such consent. The Constitutional Court's decision in Maledu requires exhaustion of the section 54 process before mining rights may be exercised, and the facts did not show that this process was completed. Th…

Source excerpt

• Spoliation Order
• Mineral And Petroleum Resources Development Act
• Leave To Appeal
• Costs Of Two Counsel
• Surface Rights
• Urgent Application