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Maledu and others v Iterekeng Bakgatla Mineral Resources (Pty) Ltd and others

25 October 2018

Constitutional Court 

Citation: Maledu and Others v Itereleng Bakgatla Mineral Resources (Pty) Limited and Another [2018] ZACC 41

Date: 25 October 2018

Judge: Petse AJ (Zondo DCJ, Dlodlo AJ, Froneman J, Goliath AJ, Jafta J, Khampepe J, Madlanga J, Theron J concurring)

In this matter, Itereleng Bakgatla Mineral Resources (Pty) Ltd and Pilansberg Platinum Mines (Pty) Ltd (the mining companies) were granted mining rights in respect of land lawfully occupied by the applicants (as understood in terms of section 2 of the Interim Protection of Informal Land Rights Act, 1996). The mining companies obtained an eviction order against the applicants as well as an interdict restraining the applicants from entering the relevant land and interfering with mining operations from the High Court.

The Constitutional Court held that the High Court’s decision to grant the eviction order and the interdict was unlawful because the negotiations between the mining companies and the applicants as contemplated in terms of section 54 of the Mineral and Petroleum Resources Development Act, 2002 had not been finalised.

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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.

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