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South Africa Case Law

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Land And Property [2014] ZASCA 139

Bengwenyama-Ya-Maswazi Community and Others v Minister for Mineral Resources and Others (783/2013)

Bengwenyama-Ya-Maswazi Community and Others v Minister for Mineral Resources and Others (783/2013) [2014] ZASCA 139; 2015 (1) SA 197 (SCA); [2014] 4 All SA 539 (SCA) (26 September 2014)

Court
Supreme Court of Appeal
Case number
783/2013
Judges
Navsa, Brand, Shongwe, Majiedt, Schoeman

The Supreme Court of Appeal held that the Bengwenyama-Ya-Maswazi Tribal Council is a legally recognised traditional council with authority to represent the community. The use of Miracle Upon Miracle Investments (Pty) Ltd as a corporate vehicle for the community's prospecting right application is permissible under section 104 of the MPRDA, provided the community retains effective control and benefit. The court found that the shareholding structure, as amended to require a minimum 74.1% community shareholding, satisfies the statutory requirements for community benefit and control. The Departmen…

Source excerpt

  • Mineral And Petroleum Resources Development Act
  • Preferent Prospecting Rights
  • Community Benefit And Control
  • Traditional Leadership And Governance
  • Shareholding Structures
  • Judicial Review
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Administrative Law [2010] ZANWHC 18

Mogale v Maakane and Others (1106/2010)

Mogale v Maakane and Others (1106/2010) [2010] ZANWHC 18 (29 July 2010)

Court
North West High Court, Mafikeng
Case number
1106/2010
Judge
A A Landman

The court found that the applicant failed to establish a clear right or injury justifying a final interdict against the respondents. The attempt to dissolve the traditional council was of no legal effect, as a traditional council is a permanent institution whose membership terminates only in specific circumstances prescribed by statute. The Premier's notice reconstituting the traditional council was unauthorized and defective, having been issued outside the prescribed period and failing to comply with gender representation requirements. However, in the absence of a proper application to set a…

Source excerpt

  • Traditional Leadership And Governance
  • Interdict
  • Joinder And Non Joinder
  • Promotion Of Administrative Justice Act
  • Transitional Provisions
  • Locus Standi
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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.