Joubert v Maranda Mining Company (Pty) Ltd

Maranda Mining Company (Pty) Ltd held a valid mining permit and an approved environmental management plan under the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) in respect of a small mineralised portion (approximately 1.5 hectares) of a larger farm in Limpopo. The land was owned first by Come Lucky (Pty) Ltd and later by Murray Foundation Conservation Holdings (Pty) Ltd, with the Sanwild Wildlife Trust occupying and operating an eco-tourism and wildlife sanctuary on the land. Despite Maranda having complied with all statutory requirements, including notification and consultation, the landowner and occupiers repeatedly and unreasonably refused Maranda access to the land to exercise its mining rights. After being physically prevented from entering the land, Maranda approached the North Gauteng High Court on an urgent basis for an interdict compelling access, which was granted. The landowners and occupiers appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel, and the High Court order interdicting the appellants from refusing the respondent access to the land was upheld.

The case affirms the primacy of mining rights granted under the MPRDA over landowners’ objections where statutory procedures have been followed. It clarifies that unreasonable refusal of access by landowners or occupiers is unlawful and that courts may grant direct relief to enforce access. The judgment strengthens legal certainty for mining permit holders and underscores the balance struck by the MPRDA between property rights and the State’s custodianship of mineral resources.