Ntadile Miniral Resources (Pty) Ltd v Samancor Chrome Limited and Others (2874/2024) [2024] ZANWHC 141 (19 June 2024)
Court
North West High Court, Mafikeng
Case number
2874/2024
Judge
FMM Reid
The High Court discharged an urgent rule nisi stopping chrome mining, finding no prima facie right, no irreparable harm, and that the balance favored Samancor.
Assmang (Pty) Ltd v Ochre Shimmer Trade and Invest 78 (Pty) Ltd and Others (Leave to Appeal) (1252/2023) [2023] ZANCHC 89 (1 December 2023)
Court
Northern Cape High Court, Kimberley
Case number
1252/2023
Judge
Stanton, A
The court found that the first respondent failed to demonstrate reasonable prospects of success on appeal. The grounds of appeal largely repeated arguments already addressed in the main application and written reasons. The evidence did not support the first respondent's claim to lawful possession or consent to access Doornfontein, nor did the minutes or subsequent correspondence establish such consent. The Constitutional Court's decision in Maledu requires exhaustion of the section 54 process before mining rights may be exercised, and the facts did not show that this process was completed. Th…
Sydney on Vaal Property Association v Theta Mining Proprietary Limited and Others (363/2019) [2020] ZANCHC 6 (28 February 2020)
Court
Northern Cape High Court, Kimberley
Case number
363/2019
Judge
Williams
The applicant failed to prove peaceful and undisturbed possession or unlawful deprivation necessary for a spoliation order. The relief sought under Part A is dismissed. The applicant's reliance on the Maledu judgment and section 54 of the MPRDA to prohibit mining activities pending compensation determination is misplaced. Section 54 provides a mechanism for resolving compensation disputes but does not prohibit mining operations solely due to unresolved compensation. The standing court order grants the respondents access to the property, and the applicant must pursue compensation through arbit…
Sedibeng Iron Ore (Pty) Ltd and Another v Rexton Holdings (Pty) Ltd and Others (2772/2017) [2019] ZANCHC 47 (27 May 2019)
Court
Northern Cape High Court, Kimberley
Case number
2772/2017
Judge
BM Pakati
The High Court confirmed a rule nisi interdicting respondents from removing manganese ore from Klipfontein Farm, finding Sedibeng’s rights would be interfered with.