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Mining Case Law Review Fact Sheets: Finalised Cases

March 8, 2015 at 5:31 pm

The fact sheets below relate to cases with final judgements or rulings (reported and unreported) selected to form part of the Mining and Environment Litigation Review. Where relevant, we’ve also referred you to the CER Virtual Environmental Law Library.

  1. ANGLO OPERATIONS LTD V SANDHURST ESTATES (PTY) LTD 2006 (1) SA 350 (T)
  2. BAREKI N.O. & ANOTHER V GENCOR LTD & OTHERS 2006 (1) SA 432 (T). See the full judgement and related information here.
  3. BENGWENYAMA MINERALS (PTY) LTD V GENORAH RESOURCES (PTY) LTD (FORMERLY TROPICAL PARADISE 427 (PTY) LTD) & OTHERS (BENGWENYAMA-YE-ROYAL COUNCIL INTERVENING) [2010] 3 All SA 577 (SCA). See the full SCA and ConCourt judgements and related information here.
  4. BENGWENYAMA MINERALS (PTY) LTD V GENORAH RESOURCES (PTY) LTD 2010 JDR 1446 (CC). See the full SCA and ConCourt judgements and related information here.
  5. CA VISSER DELWERYE (EDMS) BPK V DU PLOOY AND OTHERS; IN RE DU PLOOY AND ANOTHER V MINISTER OF MINERALS & ENERGY AND OTHERS [2006] 2 All SA 614 (NC)
  6. CITY OF CAPE TOWN V MACCSAND (PTY) LTD & OTHERS 2010 (6) SA 63 (WCC). See the full WC High Court and SCA judgements and related information here.
  7. COMMISSIONER FOR INLAND REVENUE V MANGANESE METAL COMPANY (PTY) LTD [1996] 1 All SA 204 (T)
  8. DE BEERS CONSOLIDATED MINES LTD V ATAQUA MINES (PTY) LTD  [2007] ZAFSHC 74 (13 December 2007) See related material
  9. DIRECTOR: MINERAL DEVELOPMENT, GAUTENG REGION AND ANOTHER V SAVE THE VAAL ENVIRONMENT (PTY) LTD [1996] 1 ALL SA 2004 (T). See the full SCA judgement and related information here.
  10. ESCARPMENT ENVIRONMENTAL PROTECTION GROUP & WONDERFONTEIN  ENVIRONMENTAL COMMITTEE v DEPARTMENT OF WATER AFFAIRS & EXARRO COAL (PTY) LTD, 2011 (UNREPORTED, WT 03/08/2010)
  11. ESCARPMENT ENVIRONMENTAL PROTECTION GROUP & LANGKLOOF ENVIRONMENTAL COMMITTEE v DEPARTMENT OF WATER AFFAIRS & WER MINING (PTY) LTD, 2011 (UNREPORTED, WT 25/11/2009)
  12. ESCARPMENT ENVIRONMENTAL PROTECTION GROUP & WONDERFONTEIN  ENVIRONMENTAL COMMITTEE v DEPARTMENT OF WATER AFFAIRS & XSTRATA SOUTH AFRCA (PTY) LTD, 2011 (UNREPORTED, WT 24/11/2009)
  13. GIDEON ANDERSON T/A ZONNEBLOEM BOERDERY V DEPARTMENT OF WATER AND ENVIRONMENTAL AFFAIRS AND ANOTHER 2006 (UNREPORTED WT 24/02/2010)
  14. GRAND MINES (PTY) LTD V GIDDEY N.O. 1999 (1) SA 960 (SCA)
  15. HARMONY GOLD MINING CO LTD V REGIONAL DIRECTOR: FREE STATE, DEPARTMENT WATER AFFAIRS AND FORESTRY (2006) JDR 0465 (SCA). See the full SCA judgement and related information here.
  16. HARMONY GOLD MINING CO LTD V REGIONAL DIRECTOR: FREE STATE, DEPARTMENT WATER AFFAIRS AND FORESTRY(68161/2008) [2012] ZAGPPHC 127 (29 June 2012) View related material
  17. JOUBERT & OTHERS V MARANDA MINING CO (PTY) LTD 2010 (1) SA 198 (SCA). See the full SCA judgement and related information here.
  18. KATZ V BENEPROPS TWO (PTY) LTD 1998 JDR 0052 (O)
  19. KEBBLE V MINISTER OF WATER AFFAIRS (2007) JDR 0872 (SCA)
  20. LASCON PROPERTIES (PTY) LTD V WADEVILLE INVESTMENT CO (PTY) LTD & ANOTHER (4) SA 578 (W)
  21. LONDON AND S.A. EXPLORATION COMPANY V ROULIOT (1890-1891) 8 SC 74
  22. MACCSAND (PTY) LTD & MINISTER OF MINERAL RESOURCES v CITY OF CAPE TOWN & OTHERS (CHAMBER OF MINES AS AMICUS CURIAE) (709/2010, 746/2010) [2011] ZASCA 141 (23 September 2011) and MACCSAND (PTY) LTD V CITY OF CAPE TOWN & OTHERS CCT 103/11 [2012] ZACC 7. See the full WC High Court, SCA and Constitutional Court judgements and related information here.
  23. MEEPO V KOTZE & OTHERS 2008 (1) SA 104 (NC). See the full NC High Court judgement and related information here.
  24. MINISTER OF WATER AFFAIRS AND FORESTRY V STILFONTEIN GOLD MINING CO LTD & OTHERS 2006 (5) SA 333 (W)
  25. MTUNZINI CONSERVANCY V TRONOX KZN SANDS (PTY) LTD AND ANOTHER 2013 JDR 0026 (KZD). View related material
  26. NEW GORDON DIAMOND MINING COMPANY v DU TOIT’S PAN MINING BOARD (1891 – 1892) 9 SC 150
  27. NEW HERIOT GOLD MINING COMPANY LIMITED V UNION GOVERNMENT (MINISTER OF RAILWAYS AND HARBOURS) 1916 AD 415
  28. REID V DE BEER’S CONSOLIDATED MINES (1891-1892) 9 SC 333
  29. REX V MARSHALL & ANOTHER [1951] 2 All SA 440 (A)
  30. RICHTERSVELD COMMUNITY V ALEXKOR LTD & ANOTHER [2004] 3 All SA 244 (LCC)
  31. SIMMER AND JACK MINES LTD V GF INDUSTRIAL PROPERTY CO (PTY) LTD & OTHERS 1978 (2) SA 654 (W)
  32. SWARTLAND MUNICIPALITY V LOUW & OTHERS 2010 (5) SA 314 (WCC). See the full WC High Court and SCA judgements and related information here.
  33. THABANTSHO BENEFICIARIES ASSOCIATION v HARRY BOLEU RAMMUPUDU N.O. & OTHERS (Unreported, North Gauteng HIGH COURT Case No. 54652/09)
  34. THE DIRECTOR: MINERAL DEVELOPMENT, GAUTENG REGION & ANOTHER V SAVE THE VAAL ENVIRONMENT & OTHERS 1999 (2) SA 709 (SCA). See the full SCA judgement and related information here.
  35. VAN ECK V CLYDE BRICKFIELDS (PTY) LTD 2006 JDR 0312 (T)
  36. WALKERS FRUIT FARMS LTD & ANOTHER V HOPKINS & OTHERS [1955] 1 All SA 165 (T)

Limitations and disclaimer

The Mining and Environment Litigation Review of which these fact sheets form part was prepared with the following limitations:

  • Subject of the litigation: The primary focus of the project is litigation pertaining to rights and obligations related to carrying out prospecting, exploration or mining activities, with a particular focus on assessing and mitigating impact on the environment and interested and affected parties.
  • Time: The outcomes of this project reflects the status quo as at July 2011. As mentioned above, we ask that practitioners, litigants, students and academics who become aware of any new cases or the completion of any pending cases notify us at info@cer.org.za so that we can update the database accordingly.
  • Forum: The Inventory covers litigation initiated or completed in the High Courts, the Supreme Court of Appeal and the Constitutional Court, as well as appeals to and rulings by the Water Tribunal and other administrative appeal bodies.
  • Form of legal authority: The project is not limited to litigation relating to the interpretation of the Mineral and Petroleum Resources Development Act, 2002 (MPRDA) but can cover litigation based on the authority of any environment-related statute or the common law.

The Centre for Environmental Rights commissioned and the Wits School of Law carried out this project in an attempt to collate information on jurisprudential trends in finalised cases, and arguments put forward by appellants and respondents in pending or “live” cases. In relation to the latter, the summaries and report may contain and repeat allegations made by parties which are disputed by other parties, and in relation to which no finding has been made.

For queries, contact the Centre on info@cer.org.za, or Prof Tracy Humby, School of Law, University of the Witwatersrand at Tracy-Lynn.Field@wits.ac.za.

MACCSAND (PTY) LTD v CITY OF CAPE TOWN & OTHERS CCT 103/11 [2012] ZACC 7

MACCSAND (PTY) LTD v CITY OF CAPE TOWN & OTHERS CCT 103/11 [2012] ZACC 7

Section 24 of the Constitution of the Republic of South Africa, 1996

Everyone has the right to an environment that is not harmful to their health or well-being; and to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation; promote conservation; and secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

Report a Violation

National Environmental Crimes & Incidents Hotline (24 hours): 0800 205 005

In addition, there are a number of national and provincial hotlines that may be useful.

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