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Mamokebe Investments (Pty) Ltd v Minister of Mineral and Energy and Others (2025/036849) [2025] ZAGPPHC 414 (22 April 2025)
The High Court dismissed an urgent bid to stop a mining-right transfer, finding the matter premature because ministerial consent had not yet been decided.
Kego Mining (Pty) Ltd and Another v Woestalleen Holdings (Pty) Ltd and Others (5029/2024) [2024] ZAMPMHC 63 (18 November 2024)
The court found that the order granted on 21 October 2024 was interim in nature, not final, and therefore not appealable. The requirements for a final order as set out in Zweni were not met, as the order did not dispose of the substantive rights of the parties and could be revisited in subsequent proceedings. The applicants failed to demonstrate reasonable prospects of success for leave to appeal under section 17(1) of the Superior Courts Act. The arguments regarding ministerial consent, locus standi, and procedural irregularity were rejected, as the ministerial consent did not constitute a c…
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Gorosha Leaf Trading 143 CC and Another v Van Diggelen and Others (2022/049627) [2024] ZAGPJHC 126 (12 February 2024)
The High Court held that an agreement to sell shares in a mining-right holder was not void, but the unlawful transfer without ministerial consent was unenforceable.
Vantage Goldfields SA (Pty) Ltd & Another v Arqomanzi (Pty) Ltd and Others (733/2022) [2023] ZASCA 106; [2023] 3 All SA 667 (SCA) (27 June 2023)
The Supreme Court of Appeal dismissed an appeal over cession, business rescue, subordination, and MPRDA s 11 consent, confirming Arqomanzi’s position.
PUTCO (Pty) Limited v MEC for Roads and Transport, Gauteng and Others; Trustees for the Time Being of the Bus Industry Restructuring Fund and Another v Gauteng Department of Roads and Transport and Others (49674/2021; 51091/2021) [2022] ZAGPJHC 211 (11 April 2022)
The High Court interdicted a Gauteng bus tender after the Minister withdrew consent, finding the process could not properly proceed without further planning and approval.
Trustees for the Time Being of the Abdurazak Osman Family Trust and Others v Thoito N.O. and Others (6322/2019) [2022] ZAGPJHC 39 (3 February 2022)
The court found that the relief sought by the applicants, namely the cancellation of the shareholders' agreement and transfer of ARM's shares and claims, cannot be granted in the absence of the Minister for Mineral Resources' written consent as required by section 11(1) of the MPRDA. The Minister's consent is a condition precedent for any transfer or cancellation affecting mining rights or controlling interests. Furthermore, the Minister is a necessary party with a direct and substantial interest in the subject matter, and failure to join the Minister constitutes material non-joinder. The cou…
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Rossouw Meat Property Investments (Pty) Ltd (2019/130471/07) v Friqur 142 BK (2009/185287/23 and Others (31228/2021) [2021] ZAGPPHC 650 (5 August 2021)
The court found that the lease agreement, which grants the applicant a right of first refusal, does not require ministerial consent as there is no intended subdivision of agricultural land. The statutory prohibition applies only to subdivision, not to the sale or lease of the entire property. The applicant's right of first refusal is valid and enforceable over the whole property. The urgency of the application was justified due to the uncertainty and imminent threat to the applicant's rights. The points in limine raised by the third respondent regarding the validity of the lease agreement wer…
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Maghilda Investments (Pty) Limited and Others v Centrus (Pty) Ltd and Others (76921/2016) [2019] ZAGPPHC 282 (15 May 2019)
High Court exception judgment on alleged fraudulent or negligent non-disclosure, SALA validity, and delictual damages. Some exceptions upheld; leave to amend granted.
Auckland Park Theological Seminary and Another v University of Johannesburg (A5017/17) [2018] ZAGPJHC 490 (4 July 2018)
The High Court dismissed an appeal over a notarial lease cession, holding the lease was personal to the Seminary and the cession to Wamjay repudiated it.
De Villiers v Elspiek Boerdery (Pty) Ltd and Another (1196/2015) [2017] ZASCA 4 (9 March 2017)
The Supreme Court of Appeal found that the agent was duly authorised by the appellant to execute the lease, as the power of attorney was clear, attached the draft lease, and was initialled by the appellant. The subsequent conduct of the appellant confirmed his authority and intention. The lease was for the entire property, and the right reserved to the appellant to reside in the house was a limited restriction that did not amount to a lease of only a portion of agricultural land. The statutory prohibitions in s 3(d) and s 3(e)(ii) of the Subdivision of Agricultural Land Act did not apply, as…
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