South Africa Case Law

Tshipise Safaris (Pty) Ltd v TD Nhlamulo and His Mother Logistics and Business Enterprises (Pty) Ltd and Others (538/2022)

Tshipise Safaris (Pty) Ltd v TD Nhlamulo and His Mother Logistics and Business Enterprises (Pty) Ltd and Others (538/2022) [2025] ZALMPPHC 124 (19 June 2025)

Court

Limpopo High Court, Polokwane

Case number

538/2022

Judge

S Du Plessis

The Court found that the Applicant had locus standi under both the National Environmental Management Act and the Constitution, despite not being the registered owner, due to its beneficial ownership and undisturbed possession. The First and Tenth Respondents were found to have continued mining activities unlawfully after the lapse of their permit, in contempt of previous court orders and statutory requirements. The Department of Mineral Resources and Energy and SAPS failed to enforce compliance notices and statutory obligations. The Respondents' points in limine, including non-joinder, lis pe…

Source excerpt

• Mining Permit Renewal
• Environmental Authorisation
• Contempt Of Court
• Unlawful Mining
• Public Participation
• Internal Appeal Process

Mpilo and Zen Holdings (Pty) Ltd v Minister of Mineral Resources and Energy and Others (3985/2023)

Mpilo and Zen Holdings (Pty) Ltd v Minister of Mineral Resources and Energy and Others (3985/2023) [2025] ZAMPMBHC 32 (5 May 2025)

Court

Mbombela High Court, Mpumalanga

Case number

3985/2023

Judge

H F Fourie

High Court review of mining-related administrative decisions was upheld, with impugned decisions set aside, remitted for reconsideration, and a permit preserved pending appeal.

• Promotion Of Administrative Justice Act
• Mining Permit Renewal
• Condonation For Late Filing
• Locus Standi
• Remittal Of Administrative Action
• Administrative-law

Joubert NNO and Others v Maranda Mining Company (Pty) Ltd and Others (55216/09)

Joubert NNO and Others v Maranda Mining Company (Pty) Ltd and Others (55216/09) [2009] ZAGPPHC 136; [2010] 2 All SA 67 (GNP) (5 November 2009)

Court

North Gauteng High Court, Pretoria

Case number

55216/09

Judge

Murphy

High Court refused urgent interim relief against mining, finding no clear prima facie right and that the balance of convenience favoured the miner.

• Mining Permit Renewal
• Environmental Management Plan
• Procedural Fairness
• Compensation For Landowners
• Judicial Review Under Paja
• Interim Interdict