Joubert & Others v Maranda Mining Company 2009 País/Territorio Sudáfrica Tipo de la corte Nacional - corte superior Fecha May 29, 2009 Fuente UNEP, InforMEA Nombre del tribunal Supreme Court of Appeal of South Africa Juez Mlambo, Nugent , Van Heerden, Kroon, Leach Número de referencia 296/08 Idioma Inglés Materia Cuestiones jurídicas, Recursos minerales, Tierra y suelos Palabra clave Minería Manejo de tierras Derecho de acceso Resumen 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 appellants 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. Texto completo COU-159330.pdf