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Joubert & Others v Maranda Mining Company 2009

Country/Territory
South Africa
Type of court
National - higher court
Date
May 29, 2009
Source
UNEP, InforMEA
Court name
Supreme Court of Appeal of South Africa
Judge
Mlambo, Nugent , Van Heerden, Kroon, Leach
Reference number
296/08
Language
English
Subject
Land & soil, Mineral resources, Legal questions
Keyword
Mining Land-use planning Access right
Abstract
The high court had granted Maranda an order, amongst others, interdicting and restraining the appellants from refusing to allow Maranda access to a portion of a farm in Leydsdorp, Limpopo Province in respect of which the latter had purchased certain mineral rights. Maranda had subsequently been granted a mining permit by the Minister of Minerals and Energy in accordance with the Mineral and Petroleum Resources Development Act 28 of 2002. The Minister had also approved an environmental management plan submitted by Maranda regarding the intended mining activities on the affected portion of the farm. The appellants are trustees of Sanwild Wildlife Trust who is the lawful occupier and part owner of the farm and operates a wildlife sanctuary and an eco-tourism enterprise on the farm. Sanwild The appellants had thwarted several attempts by Maranda to gain access to the farm informing it that under no circumstances would it be allowed access. The impasse persisted even after Maranda had formally consulted the appellants as required by the Act. The Supreme Court of Appeal (SCA) rejected the appellant’s argument that Maranda had sought access in contravention of its environmental management plan as well as that the only solution of the impasse was expropriation of the farm in terms of the Act. The SCA found that the unreasonable conduct of the appellants was not countenanced by the Act and ruled that, having complied with all the requirements of the Act, Maranda had acquired the right to enter the farm for purposes of exploiting its mineral rights.
Full text
COU-159330.pdf