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South Africa Case Law

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Land And Property [2013] ZAFSHC 166

Bosaletse and Others v Minister of Mineral Resources and Others (1891/2013)

Bosaletse and Others v Minister of Mineral Resources and Others (1891/2013) [2013] ZAFSHC 166 (26 September 2013)

Court
Free State High Court, Bloemfontein
Case number
1891/2013
Judges
Mocumie, Molemla, Jordaan

The Court held that it was bound by the previous Ataqua decisions, which declared De Beers the owner of the tailings dumps and excluded the application of the MPRDA to those dumps. The Department, having been a party to those proceedings and not having appealed, was precluded from granting prospecting rights to the applicants. The applicants failed to establish a prima facie right, as their applications could not be considered in light of the binding court orders. The applicants also failed to show urgency or provide a satisfactory explanation for delay, and did not exhaust internal remedies.…

Source excerpt

  • Prospecting Rights
  • Mineral And Petroleum Resources Development Act
  • Ownership Of Tailings Dumps
  • Review Of Administrative Action
  • Condonation
  • Interdict
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Land And Property [2007] ZAFSHC 74

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…

Source excerpt

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

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.