South Africa Case Law

Glencore Merafe Venture and Others v Commissioner for the South African Revenue Service (38144/22)

Glencore Merafe Venture and Others v Commissioner for the South African Revenue Service (38144/22) [2024] ZAGPPHC 1196 (7 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

38144/22

Judge

Y Coertzen

The court held that the Appeal Committee was entitled to raise and determine the adequacy of logbooks and record keeping, as the appeal was a wide appeal permitting a complete reconsideration of the merits. GMV was not the holder or cessionary of the necessary mining authorisation as required by Note 6(f)(ii)(cc) of Part 3 of Schedule 6 to the Customs Act, and therefore was not entitled to the diesel refunds claimed. The Commissioner’s discretion under Note 5 did not arise, as GMV was not legally entitled to the refunds. The applicants failed to provide sufficient records and logbooks to subs…

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• Customs And Excise Act
• Diesel Refund Scheme
• Mining Authorisation
• Record Keeping Requirements
• Commissioner Discretion
• Joint Venture Liability

Mining and Environmental Justice Community of South Africa and Others v MEC for Agriculture, Rural Development, Land and Environmental Affairs and Others (1322/2021)

Mining and Environmental Justice Community of South Africa and Others v MEC for Agriculture, Rural Development, Land and Environmental Affairs and Others (1322/2021) [2024] ZAMPMBHC 48 (18 July 2024)

Court

Mbombela High Court, Mpumalanga

Case number

1322/2021

Judge

M Moleleki

The High Court reviewed and set aside the MEC’s decision to exclude four properties from the Mabola Protected Environment, allowing mining to proceed.

• Protected Areas Act
• Precautionary Principle
• Cooperative Governance
• Judicial Review
• Wetland Conservation
• Mining Authorisation

Endangered Wildlife Trust and Another v Director General: Department of Water and Sanitation (Acting) and Another

Endangered Wildlife Trust and Another v Director General: Department of Water and Sanitation (Acting) and Another [2023] ZAGPPHC 310; A155/2019 (10 May 2023)

Court

North Gauteng High Court, Pretoria

Case number

A155/2019

Judges

Baloyi-Mere, Nyathi

The court found that the Water Tribunal had properly considered and balanced all relevant statutory and constitutional factors, including environmental sensitivity, strategic water source status, mitigation measures, and socio-economic impacts. The Tribunal did not err in law regarding the requirement for landowner consent, the application of the precautionary principle, or the provision for post-closure water treatment. The Tribunal's decision was informed by expert evidence, public participation, and compliance with national policy and legislative frameworks. The precautionary principle was…

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• Water Use Licence
• Precautionary Principle
• Protected Areas
• Burden Of Proof
• Sustainable Development
• Mining Authorisation

West Coast Environmental Protection Association v Minister Of Water And Sanitation and Others (WT01/17/WC)

West Coast Environmental Protection Association v Minister Of Water And Sanitation and Others (WT01/17/WC) [2021] ZAWT 8 (5 October 2021)

Court

Water Tribunal

Case number

WT01/17/WC

Judges

Ntika Maake, L. Mbanjwa

The Water Tribunal dismissed an appeal against a water use licence for a phosphate mine, but ordered that all 79 recommended site-specific conditions be added.

• Water Use Licensing
• Precautionary Principle
• Public Trust Doctrine
• Adaptive Management
• Mining Authorisation
• Site Specific Conditions

Mining and Environmental Justice Community Network of South Africa and Others v Uthaka Energy (Pty) Ltd (11761/2021)

Mining and Environmental Justice Community Network of South Africa and Others v Uthaka Energy (Pty) Ltd (11761/2021) [2021] ZAGPPHC 195 (30 March 2021)

Court

North Gauteng High Court, Pretoria

Case number

11761/2021

Judge

N Davis

The court granted an urgent interim interdict preventing Uthaka Energy from mining in the Mabola area, except limited pegging, pending reviews and appeals.

• Protected Environment Interdict
• Judicial Review Of Administrative Action
• Precautionary Principle
• Mining Authorisation
• Balance Of Convenience
• Irreparable Harm

Mining and Environmental Justice Community Network of South Africa and Others v Minister of Environmental Affairs and Others (50779/2017)

Mining and Environmental Justice Community Network of South Africa and Others v Minister of Environmental Affairs and Others (50779/2017) [2018] ZAGPPHC 807; [2019] 1 All SA 491 (GP) (8 November 2018)

Court

North Gauteng High Court, Pretoria

Case number

50779/2017

Judge

N Davis

The court found that the Ministers' decisions to permit mining in the Mabola Protected Environment were procedurally unfair and unlawful. The Ministers failed to comply with the mandatory requirements of sections 3 and 4 of PAJA, did not provide transparency or public participation, and did not properly consider all relevant information, including the interests of local communities, the final management plan, and pending statutory appeals. The Ministers' approach amounted to an impermissible reliance on other authorisations without independent scrutiny, contrary to their distinctive duties un…

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• Protected Areas Management
• Ministerial Discretion
• Promotion Of Administrative Justice Act
• Public Participation
• Mining Authorisation
• Constitutional Environmental Rights

Mtunzini Conservancy v Tronox KZN Sands (Pty) Ltd and Another (10629/2012)

Mtunzini Conservancy v Tronox KZN Sands (Pty) Ltd and Another (10629/2012) [2013] ZAKZDHC 1; 2013 (4) BCLR 467 (KZD); [2013] 2 All SA 69 (KZD) (8 January 2013)

Court

Kwazulu-Natal High Court, Durban

Case number

10629/2012

Judge

Vahed

The Court held that when the first respondent commenced mining activities in 2002, only authorisation under the Minerals Act was required, and provincial planning approval under the Town Planning Ordinance was not necessary. The Minerals Act provided a comprehensive regulatory framework for mining, including environmental and land use controls, and provincial ordinances could not override national mining legislation. The 2008 amendment to the Town Planning Ordinance and the subsequent KwaZulu-Natal Planning and Development Act introduced planning approval requirements for mining, but these we…

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• Mining Authorisation
• Planning Permission
• Old Order Legislation
• Provincial Vs National Competence
• Environmental Management Programme
• Interdict

De Beers Consolidated Mines Limited v Mondira Pula CC and Others (667/2003)

De Beers Consolidated Mines Limited v Mondira Pula CC and Others (667/2003) [2003] ZANCHC 40 (12 September 2003)

Court

Northern Cape High Court, Kimberley

Case number

667/2003

Judge

MAJIEDT

Discovery in a mining dispute. The court held that vague Rule 35(14) requests were impermissible, but allowed discovery of specified documents relevant to issues beyond spoliation.

• Discovery Procedure
• Mandament Van Spolie
• Ownership Of Mining Tailings
• Mining Authorisation
• Civil-procedure
• Discovery

Director: Mineral Development, Gauteng Region and Another v Save the Vaal Environment and Others (133/98)

Director: Mineral Development, Gauteng Region and Another v Save the Vaal Environment and Others (133/98) [1999] ZASCA 9; [1999] 2 All SA 381 (A) (12 March 1999)

Court

Supreme Court of Appeal

Case number

133/98

Judges

Mahomed, Howie, Marais, Olivier, Madlanga

The Supreme Court of Appeal held that the audi alteram partem rule applies to the Director's decision to grant a mining licence under section 9 of the Minerals Act. The court found that section 9 requires consideration of environmental rehabilitation, which directly affects the rights and interests of affected parties. The mere granting of a mining licence sets in motion a chain of events that may lead to environmental harm, and thus interested parties must be afforded an opportunity to be heard at the licence application stage. The Act does not expressly or by necessary implication exclude t…

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• Audi Alteram Partem
• Mining Authorisation
• Environmental Rights
• Rehabilitation Of Land
• Legitimate Expectation