Mpilo and Zen Holdings (Pty) Ltd v Centurion Mining Company (Pty) Ltd and Others (2815/2023)
Mpilo and Zen Holdings (Pty) Ltd v Centurion Mining Company (Pty) Ltd and Others (2815/2023) [2023] ZAMPMBHC 43 (26 July 2023)
The court found that the applicant holds a valid mining permit under the MPRDA, which entitles it to mine gold from the tailings on the property. Centurion's claim to ownership of the tailings was based on old order mining rights that were not converted under the MPRDA and have therefore lapsed. The tailings, in the circumstances, are considered immovable and part of the property, and Centurion failed to establish ownership. The DMRE's declaration of Centurion's ownership was ultra vires and not an administrative decision under the MPRDA, thus not subject to internal remedies under section 96…
Source excerpt
- Mining Permit
- Ownership Of Tailings
- Interim Interdict
- Old Order Mining Rights
- Promotion Of Administrative Justice Act
- Conversion Of Mining Rights