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

Anglo-Black (Pty) Ltd and Another v Bower and Another (1528/2024)

Anglo-Black (Pty) Ltd and Another v Bower and Another (1528/2024) [2025] ZAMPMHC 13 (4 March 2025)

Court

Middelburg High Court, Mpumalanga

Case number

1528/2024

Judge

JL Bhengu

The court found that the applicants failed to prove contempt in respect of the spoliation order, as Mr Bower's bona fide belief that the order was suspended by his application for leave to appeal raised reasonable doubt as to wilfulness and mala fides. However, regarding the publication titled 'LAWFUL NOTICE AND CHALLENGE', the court held that the statements made by Mr Bower scandalised the court, undermined its authority, and were made wilfully and with malice. The defence of legal advice was rejected as improbable and lacking sufficient detail, especially given the continuous legal represen…

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• Contempt Of Court
• Scandalising The Court
• Business Rescue
• Mining Rights
• Superior Courts Act
• Punitive Costs

Xiamen Fuxia Import and Export Co Ltd and Another v Million Rise Trading (Pty) Ltd and Others (5614/2020)

Xiamen Fuxia Import and Export Co Ltd and Another v Million Rise Trading (Pty) Ltd and Others (5614/2020) [2025] ZAWCHC 33 (7 February 2025)

Court

Western Cape High Court, Cape Town

Case number

5614/2020

Judge

Mangcu-Lockwood

The applicants failed to establish, beyond reasonable doubt, that the third respondent was in contempt of the May and July 2020 court orders. The evidence did not prove that the third respondent caused Golden Tropic to apply for a mining right, nor that he relinquished possession of mining products or equipment in breach of the orders. The applicants' allegations regarding control over Golden Tropic and use of equipment were speculative and unsupported. Regarding documentation, although the third respondent did not comply timeously, there was insufficient evidence of wilfulness or mala fides,…

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• Contempt Of Court
• Interdict
• Mining Rights
• Anti Dissipation Order
• Arbitration Award Enforcement

Hoshoza Resources Vryheid (Pty) Ltd v Julovista (Pty) Ltd and Others (2024/080004)

Hoshoza Resources Vryheid (Pty) Ltd v Julovista (Pty) Ltd and Others (2024/080004) [2025] ZAGPPHC 103 (3 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024/080004

Judge

Swanepoel

The court found that the applicant failed to establish exceptional circumstances justifying execution of the interdict order pending appeal under section 18(3) of the Superior Courts Act. The applicant's reliance on video and photographic evidence was rejected due to inadmissibility and procedural defects. The court distinguished the present case from Omaruru Minerals, noting that the respondent's possession was based on a contractual agreement rather than unlawful spoliation. The court held that the applicant would not suffer irreparable harm pending the outcome of the appeal, as damages cou…

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• Execution Pending Appeal
• Exceptional Circumstances
• Irreparable Harm
• Mining Rights
• Interdict
• Superior Courts Act

Masuku N.O and Others v Minister of Mineral Resources and Others (A263/2022)

Masuku N.O and Others v Minister of Mineral Resources and Others (A263/2022) [2025] ZAGPPHC 37 (28 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

A263/2022

Judges

Neukircher, Kubushi, Ally

The court found that the appeal had lapsed due to the appellants' repeated and flagrant non-compliance with the Uniform Rules, including late filing of the record, powers of attorney, and security for costs. The registrar's allocation of a hearing date did not cure these defects, and only the court could grant condonation, which was not warranted given the cumulative breaches and lack of acceptable explanation. On the merits, the court held that the appellants failed to exhaust internal remedies as required by section 96 of the MPRDA and section 7(2) of PAJA, and that no exceptional circumsta…

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• Mining Rights
• Exhaustion Of Internal Remedies
• Condonation
• Review Of Administrative Action
• Heritage Protection
• Appeal Lapse

L'Ormarins (Pty) Ltd and Another v Minister of Mineral and Petroleum Resources and Others (5414/2024)

L'Ormarins (Pty) Ltd and Another v Minister of Mineral and Petroleum Resources and Others (5414/2024) [2025] ZAECMKHC 1 (14 January 2025)

Court

Eastern Cape High Court, Makhanda

Case number

5414/2024

Judge

Laing

Urgent interdict granted to stop mining pending internal appeal over a disputed mining right and alleged zoning and environmental irregularities.

• Mining Rights
• Public Participation
• Environmental Impact Assessment
• Land Use Zoning
• Interdictory Relief
• Internal Appeal Process

Julovista (Pty) Ltd v Hoshoza Resources Vryheid (Pty) Ltd (2024/080004)

Julovista (Pty) Ltd v Hoshoza Resources Vryheid (Pty) Ltd (2024/080004) [2024] ZAGPPHC 999 (2 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024/080004

Judge

Swanepoel

The High Court dismissed Julovista’s application for leave to appeal against an interdict stopping mining operations, finding no factual dispute, no merit, and no general legal importance.

• Mining Rights
• Interdicts
• Leave To Appeal
• Registration Of Rights
• Leave-to-appeal
• Mining-rights

Compregen (Pty) Ltd v Lezmin 2021 (Pty) Ltd and Others (866/2023)

Compregen (Pty) Ltd v Lezmin 2021 (Pty) Ltd and Others (866/2023) [2024] ZAWCHC 284 (27 September 2024)

Court

Western Cape High Court, Cape Town

Case number

866/2023

Judge

Thulare

The court dismissed an application to stop mining at Kraaibosch, holding the applicant’s case relied on inadmissible hearsay, new matter in reply, and lacked standing on the water-use issue.

• Land Use Zoning
• Mining Rights
• Water Use Authorisation
• Hearsay Evidence
• Locus Standi
• Interdictory Relief

Sibeko and Others v A Re Shomeng Project Proprietary Limited and Others (LCC02/2024)

Sibeko and Others v A Re Shomeng Project Proprietary Limited and Others (LCC02/2024) [2024] ZALCC 31 (13 September 2024)

Court

Land Claims Court

Case number

LCC02/2024

Judge

Ncube

The Land Claims Court dismissed an occupiers’ contempt application, condoned a late report, and granted a counter-application ordering relocation to permanent houses.

• Contempt Of Court
• Eviction
• Relocation Order
• Mining Rights
• Alternative Accommodation
• Contempt-of-court

Mayfield Clays (Pty) Ltd v Makana Local Municipality and Others (2219/2024)

Mayfield Clays (Pty) Ltd v Makana Local Municipality and Others (2219/2024) [2024] ZAECMKHC 96 (29 August 2024)

Court

Eastern Cape High Court, Makhanda

Case number

2219/2024

Judge

Laing

The court found that the respondents were aware of the order made by Pakati J on 31 October 2023 and had been properly served. There was no dispute regarding their non-compliance, and no evidence was presented to rebut the inference of wilfulness or mala fides. The respondents' last-minute attempts to address the contempt application were insufficient, and their failure to place any evidence before the court amounted to a further act of contempt. The requirements for committal for contempt of court were satisfied, and the respondents were afforded an opportunity to purge their contempt. The a…

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• Contempt Of Court
• Mining Rights
• Buffer Zone Enforcement
• Eviction Proceedings
• Municipal Obligations
• Rule Of Law