South Africa Case Law

Theta Mining (Pty) Ltd and Another v The Sydney on Vaal Communal Property Association and Others (1535/2017)

Theta Mining (Pty) Ltd and Another v The Sydney on Vaal Communal Property Association and Others (1535/2017) [2018] ZANCHC 17 (9 February 2018)

Court

Northern Cape High Court, Kimberley

Case number

1535/2017

Judge

Lever AJ

The court found that the applicants established a prima facie right to traverse Than farm to access Droogeveldt farm, either by immemorial usage or necessity, pending final determination in the action. The MPRDA does not prohibit such access, and the administrative acts granting mining rights remain valid until set aside. The respondents' arguments based on statutory remedies, res judicata, and sterilisation of public road rights by mining permits were rejected. The balance of convenience favoured the applicants, who undertook to comply with reasonable health and safety requirements. No alter…

Source excerpt

• Right Of Way
• Interim Interdict
• Mandament Van Spolie
• Mining Rights
• Public Road Access
• Landlocked Property

B v B (36446/09)

B v B (36446/09) [2009] ZAGPPHC 261 (6 August 2009)

Court

North Gauteng High Court, Pretoria

Case number

36446/09

Judge

Ebersohn

The High Court struck an urgent application from the roll with costs, finding no urgency or merit in complaints about gates, fencing, and speed bumps on a road crossing the respondent’s farm.

• Right Of Way
• Urgent Interdict
• Spoliation
• Public Road Access
• Urgent-interdict
• Right-of-way