South Africa Case Law

Smith v Minister of Mineral Resources and Others (19740/19)

Smith v Minister of Mineral Resources and Others (19740/19) [2021] ZAGPPHC 476 (27 July 2021)

Court

North Gauteng High Court, Pretoria

Case number

19740/19

Judge

M J Teffo

The court found that the Minister's reliance on the issue of ownership of the dump was not material to the determination of the appeal. The Minister's decision was based on the finding that the dump was movable property and therefore not subject to the MPRDA. Even if the Minister made an error regarding ownership, it did not affect the outcome, as the determination of the dump's nature was sufficient to resolve the appeal. The court held that the Minister properly exercised his powers and that the decision was rationally connected to the information and reasons provided. The grounds of review…

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• Promotion Of Administrative Justice Act
• Mineral And Petroleum Resources Development Act
• Review Of Administrative Action
• Movable Vs Immovable Property
• Prospecting Rights

Candero Mining and Consulting (Pty) Ltd v Stmith and Others (7178/16)

Candero Mining and Consulting (Pty) Ltd v Stmith and Others (7178/16) [2016] ZAGPPHC 376 (26 February 2016)

Court

North Gauteng High Court, Pretoria

Case number

7178/16

Judge

J W Louw

The High Court granted an urgent interim interdict stopping removal and sale of material from a mine dump pending trial, finding a prima facie right and irreparable harm.

• Interim Interdict
• Ownership Of Mine Dumps
• Movable Vs Immovable Property
• Mining Rights
• Vindicatory Claim
• Interim-interdict

IFJ Properties (Pty) Ltd v Osthus (26670/2009)

IFJ Properties (Pty) Ltd v Osthus (26670/2009) [2012] ZAWCHC 348 (9 November 2012)

Court

Western Cape High Court, Cape Town

Case number

26670/2009

Judge

Dlodlo

High Court held that the sale was of a demountable dwelling on leased land, not an alienation of land, so the agreement remained valid.

• Alienation Of Land Act
• Movable Vs Immovable Property
• Sale Of Leasehold Interest
• Contract Rectification
• Deed Of Assignment
• Alienation-of-land-act

De Beers Consolidated Mines Ltd v Ataqua Mining (Pty) Ltd and Others (3215/06)

De Beers Consolidated Mines Ltd v Ataqua Mining (Pty) Ltd and Others (3215/06) [2007] ZAFSHC 74 (13 December 2007)

Court

Free State High Court, Bloemfontein

Case number

3215/06

Judges

A.P. Beckley, A. Kruger

The court held that the applicant is the owner of the tailings dumps on Subdivision 16, as the dumps are movable property severed from the land and retained for future re-treatment. The MPRDA does not apply to minerals already mined and stockpiled prior to its commencement, as the Act does not expressly regulate such tailings dumps nor expropriate ownership thereof. The decision to grant a prospecting right to the first respondent was set aside due to non-compliance with statutory requirements, including failure to notify and consult affected parties as required by the MPRDA and PAJA. The cou…

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• Ownership Of Tailings Dumps
• Mineral Rights
• Promotion Of Administrative Justice Act
• Movable Vs Immovable Property
• Statutory Interpretation
• Environmental Regulation

Mpisi v Trebble (338/92)

Mpisi v Trebble (338/92) [1993] ZASCA 192; 1994 (2) SA 136 (AD); [1994] 2 All SA 142 (A) (30 November 1993)

Court

Supreme Court of Appeal

Case number

338/92

Judges

Hoexter, Botha, Smalberger, Eksteen, Harms

The Supreme Court of Appeal held that the respondent's statutory authority under section 3B(1)(a) of the Prevention of Illegal Squatting Act extended only to the demolition of the shack in the sense of pulling or tearing it down, not to the burning and destruction of its materials. The court found that the shack was a movable structure belonging to the appellant, based on its temporary nature, the ease of demolition and re-erection, and the lack of intention for permanence. The appellant's evidence regarding the value of the materials was unchallenged and accepted as the best available. The c…

Source excerpt

• Prevention Of Illegal Squatting Act
• Statutory Interpretation
• Movable Vs Immovable Property
• Damages Assessment