South Africa Case Law

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)

Court

Mbombela High Court, Mpumalanga

Case number

2815/2023

Judge

Roelofse AJ

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

African Exploration Mining and Finance Corporation (Pty) Ltd and Another v Minister of Mineral Resources and Others (20058/2014)

African Exploration Mining and Finance Corporation (Pty) Ltd and Another v Minister of Mineral Resources and Others (20058/2014) [2015] ZASCA 77 (27 May 2015)

Court

Supreme Court of Appeal

Case number

20058/2014

Judges

Lewis, Willis, Saldulker, Meyer, Gorven

The court held that Tavistock validly held and converted its old order mining right, so AFEX could not challenge the conversion or obtain a competing prospecting right.

• Mineral And Petroleum Resources Development Act
• Old Order Mining Rights
• Conversion Of Mining Rights
• Standing To Review
• Exhaustion Of Internal Remedies
• Mineral-and-petroleum-resources-development-act

Sishen Iron Ore Company (Pty) Ltd and Another v Minister of Mineral Resources and Others (28980/10)

Sishen Iron Ore Company (Pty) Ltd and Another v Minister of Mineral Resources and Others (28980/10) [2011] ZAGPPHC 220 (20 December 2011)

Court

North Gauteng High Court, Pretoria

Case number

28980/10

Judge

Zondo

The court held that Sishen acquired a sole and exclusive converted mining right, set aside ICT’s prospecting right grant, and removed clause 8 from Sishen’s right.

• Mining Rights Conversion
• Old Order Mining Rights
• Prospecting Rights
• Administrative Review
• Promotion Of Administrative Justice Act
• Exclusive Rights Under Mprda

Holcim (South Africa) Pty) Ltd v Prudent Investors (Pty) Ltd and Others (641/09)

Holcim (South Africa) Pty) Ltd v Prudent Investors (Pty) Ltd and Others (641/09) [2010] ZASCA 109; [2011] 1 All SA 364 (SCA) (17 September 2010)

Court

Supreme Court of Appeal

Case number

641/09

Judges

MPATI P, CLOETE, HEHER, CACHALIA, TSHIQI

The Supreme Court of Appeal held that the definition of 'old order mining right' in Schedule II to the Mineral and Petroleum Resources Development Act 28 of 2002 does not require mining operations to have been conducted on every cadastral unit covered by a mining licence prior to the Act's commencement. The focus is on whether mining operations were being conducted in respect of the mining authorisation as a whole. The licence area is treated as a unified entity, and inactivity on specific portions does not sever those properties from the rights conferred by the licence. The objects of the Tr…

Source excerpt

• Mineral And Petroleum Resources Development Act
• Old Order Mining Rights
• Security Of Tenure
• Transitional Arrangements
• Access To Land
• Interpretation Of Statutes

Kowie Quarry CC v Ndlambe Municipality (1897/08)

Kowie Quarry CC v Ndlambe Municipality (1897/08) [2008] ZAECHC 183 (29 September 2008)

Court

High Courts - Eastern Cape

Case number

1897/08

Judge

Revelas

The applicant's mining rights and entitlement to access the property were subject to the terms and duration of both the lease agreement and the mining licence, both of which expired on 30 September 2008. The Mineral and Petroleum Resources Development Act provides for the conversion of old order mining rights, but only within the period and conditions originally granted. The applicant's interpretation, which would allow continued mining regardless of the lease expiry, would irrationally override the property rights of the Municipality and impose a lease beyond its express terms, contrary to t…

Source excerpt

• Mineral And Petroleum Resources Development Act
• Old Order Mining Rights
• Conversion Of Mining Rights
• Lease Expiry
• Property Rights
• Interdicts