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South Africa decisions
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Rapoloti v S (A24/2023) [2024] ZAGPPHC 1233 (28 November 2024)
The High Court reduced a sentence for contravening section 5A of the MPRDA from three years to six months, finding the trial court applied the wrong penalty provision.
Rustenburg Platinum Mines Limited and Another v Minister of Mineral Resources and Others (7883/2007; 56189/2010) [2017] ZAGPPHC 29 (1 February 2017)
The court found that the applicants had unreasonably delayed in seeking interim interdicts, waiting years after the relevant administrative decisions and after respondents had invested substantial resources and created employment. The delay was not excused by ongoing appeals or settlement negotiations, as appeals under the MPRDA do not suspend administrative decisions. The requirements for interim interdicts were not met: the applicants failed to establish a prima facie right, irreparable harm, or that the balance of convenience favoured them. The court held that the applicants had exhausted…
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Louw NO and Others v Swartland Municipality (650/2010) [2011] ZASCA 142 (23 September 2011)
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…
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