South Africa Case Law

Bosaletse N.O. and Others v Minister of Mineral Resources and Energy (2015/2022)

Bosaletse N.O. and Others v Minister of Mineral Resources and Energy (2015/2022) [2025] ZAFSHC 3 (6 January 2025)

Court

Free State High Court, Bloemfontein

Case number

2015/2022

Judge

Van Rhyn

The court found that the plaintiffs never acquired a prospecting right, as their application was declined due to failure to obtain the landowner's consent. The claim for damages is a personal right, not a real right, and thus constitutes a 'debt' under the Prescription Act. The plaintiffs' cause of action arose at the latest by September 2013, when they knew or ought to have known of the refusal. As summons was only issued in May 2022, the claim for damages prescribed by September 2016. The plaintiffs did not act diligently and failed to exhaust internal remedies. The special plea of prescrip…

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• Prospecting Rights
• Extinctive Prescription
• Mandamus
• Mineral And Petroleum Resources Development Act
• Access To Court
• Real Vs Personal Rights

Jaments (Pty) Ltd v Northern Coal (Pty) Ltd (2024-061972)

Jaments (Pty) Ltd v Northern Coal (Pty) Ltd (2024-061972) [2024] ZAGPPHC 1075 (29 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024-061972

Judge

de Vos

Leave to appeal was dismissed after the court found no reasonable prospect of success against setting aside the Minister’s suspension of a mining consent.

• Mining Rights Variation
• Ministerial Discretion
• First In Time Principle
• Prospecting Rights
• Judicial Review
• Costs Award

Mosito Mining (Pty) Ltd v Minister of Mineral Resources and Energy of the Republic of South Africa and Others (783/22)

Mosito Mining (Pty) Ltd v Minister of Mineral Resources and Energy of the Republic of South Africa and Others (783/22) [2024] ZAGPPHC 976 (26 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

783/22

Judge

Williams

The High Court postponed a mining-permit dispute sine die, allowed further review papers, and interdicted officials from issuing diamond rights on the farm pending finalisation.

• Mineral And Petroleum Resources Development Act
• Mining Permit Application
• Prospecting Rights
• Internal Appeal
• Mandamus
• Judicial Review

Alexkor SOC Ltd v Vast Mineral Sands (Pty) Ltd and Others (CA+R26/2024; 1452/2023)

Alexkor SOC Ltd v Vast Mineral Sands (Pty) Ltd and Others (CA+R26/2024; 1452/2023) [2024] ZANCHC 87 (10 September 2024)

Court

Northern Cape High Court, Kimberley

Case number

CA+R26/2024

Judges

Lever, Nxumalo, Stanton

The court dismissed Alexkor’s appeal against immediate enforcement of an interdict allowing Vast Mineral Sands access to prospect for minerals pending appeal.

• Superior Courts Act Section 18
• Prospecting Rights
• Mineral And Petroleum Resources Development Act
• Interdict
• Exceptional Circumstances
• Irreparable Harm

Alexkor Soc Ltd v Vast Mineral Sands (Pty) Ltd (1452/2023)

Alexkor Soc Ltd v Vast Mineral Sands (Pty) Ltd (1452/2023) [2024] ZANCHC 45 (24 April 2024)

Court

Northern Cape High Court, Kimberley

Case number

1452/2023

Judge

Mamosebo

The court dismissed Alexkor’s leave to appeal and granted Vast Mineral’s section 18(3) application, allowing the prospecting order to operate immediately.

• Prospecting Rights
• Environmental Authorisation
• Leave To Appeal
• Exceptional Circumstances
• Irreparable Harm
• Mineral And Petroleum Resources Development Act

QCK Lezmin 4791 CC and Others v Sikhova Importers CC and Another (CA & R 65/2022)

QCK Lezmin 4791 CC and Others v Sikhova Importers CC and Another (CA & R 65/2022) [2024] ZANCHC 17 (23 February 2024)

Court

Northern Cape High Court, Kimberley

Case number

CA & R 65/2022

Judges

Phatshoane, Nxumalo, Olivier

The appeal succeeded because the respondents failed to establish unlawful deprivation of possession necessary for spoliatory relief. The evidence did not support the claim that QCK and Lore changed the locks or physically prevented access; the respondents' own affidavits introduced new facts and assumptions, undermining their case. The correspondence between the parties did not mention spoliation contemporaneously, and the delay in launching the application was inordinate. The cancellation of the Surface Use Agreement constituted the exercise of contractual rights, not spoliation. Dulostyle w…

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• Spoliation
• Mandament Van Spolie
• Joint Venture Agreement
• Surface Use Agreement
• Prospecting Rights
• Application To Strike Out

SA Soutwerke (Pty) Ltd v Camel Rock Trading 520 CC - Appeal (A125/2022)

SA Soutwerke (Pty) Ltd v Camel Rock Trading 520 CC - Appeal (A125/2022) [2023] ZAGPPHC 1195 (26 September 2023)

Court

North Gauteng High Court, Pretoria

Case number

A125/2022

Judges

N Khumalo, B Neukircher, E Labuschagne

The court refused condonation and reinstatement of a lapsed appeal, finding SA Soutwerke’s delay inadequately explained and its prospects of success poor.

• Mining Rights
• Prospecting Rights
• Judicial Review
• Condonation
• Lapsed Appeal
• Material Non Disclosure

Vast Mineral Sands (Pty) Ltd v Alexkor SOC Ltd and Others (1452/2023)

Vast Mineral Sands (Pty) Ltd v Alexkor SOC Ltd and Others (1452/2023) [2023] ZANCHC 58 (15 September 2023)

Court

Northern Cape High Court, Kimberley

Case number

1452/2023

Judge

Mamosebo

The court found that the applicant holds a valid prospecting right under the MPRDA, which entitles it to access the land for prospecting purposes. The urgency was established due to the limited duration of the prospecting right and the risk of forfeiture if access is denied. The court rejected Alexkor's arguments regarding outstanding operational agreements, water licences, and health and safety protocols, finding these do not negate the applicant's statutory right of entry. The cooperation agreement and arbitration clause do not preclude urgent court relief. Alexkor's opposition was found to…

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• Prospecting Rights
• Mineral And Petroleum Resources Development Act
• Final Interdict
• Access To Land
• Environmental Authorisation

Palm Chrome (Pty) Ltd v 2 Glowing Sunset Trading 56 CC and Another (047429/2023)

Palm Chrome (Pty) Ltd v 2 Glowing Sunset Trading 56 CC and Another (047429/2023) [2023] ZAGPPHC 714 (24 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

047429/2023

Judge

Nyathi

The High Court granted a final interdict stopping alleged illegal mining and prospecting on the applicant’s property, finding the respondents had no lawful right to mine.

• Mining Rights
• Final Interdict
• Illegal Mining
• Prospecting Rights
• Authority To Mine
• Mining-rights

Samancor Chrome Limited v Bila Civil Contractors (Pty) Ltd (810/21)

Samancor Chrome Limited v Bila Civil Contractors (Pty) Ltd (810/21) [2022] ZASCA 163 (28 November 2022)

Court

Supreme Court of Appeal

Case number

810/21

Judges

Petse, Zondi, Mabindla-Boqwana, Daffue, Salie-Hlophe

The Supreme Court of Appeal held that Samancor Chrome Limited failed to establish, beyond reasonable doubt, that Bila Civil Contractors (Pty) Ltd breached the order of Neukircher J by conducting mining operations outside the scope of its prospecting right during the relevant period. The evidence presented was ambiguous and lacked sufficient particularity regarding the quantities extracted and the timing of the alleged breach. In respect of Janse van Niewenhuizen J’s order, the court found that while Bila admitted to conducting prospecting operations interdicted by the order, it had acted on b…

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• Contempt Of Court
• Mining Rights
• Prospecting Rights
• Environmental Authorisation
• Wilfulness And Mala Fides
• Interdicts