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South Africa decisions
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Uitspan Colliery (PTY) Ltd v Lombard Insurance Company Ltd (24814/2020) [2022] ZAGPJHC 389 (25 May 2022)
The High Court held that written consent from the mine owner was not a peremptory requirement to enforce a demand guarantee for mine rehabilitation.
Wiid and Another v Wxplomin No 1 (EDMS) Bpk and Another (1175/03) [2004] ZANCHC 4 (1 January 2004)
The court found that Explomin had materially breached the mining contract by failing to provide the required rehabilitation guarantee and by not rehabilitating the land on an ongoing basis as required by clause 9. The notice of 10 October 2003, although specifying 7 days, was valid and afforded Explomin the full 15 days stipulated in the contract to remedy the breaches. Explomin failed to remedy the breaches within this period. The Trust did not waive its right to cancel the contract, and cancellation was properly communicated after the expiry of the remedy period. The applicants were entitle…
Source excerpt
Grand Mines (Pty) Ltd v Giddey NO (183/97) [1998] ZASCA 99; 1999 (1) SA 960 (SCA); (23 November 1998)
The court held that payment for coal under the mining contract was not reciprocal to rehabilitation, so the exceptio non adimpleti contractus failed.
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