Samancor Chrome Limited v Bila Civil Contractors (Pty) Ltd and Others

Samancor Chrome Limited, the holder of mining rights over certain properties in the North West Province, alleged that Bila Civil Contractors (Pty) Ltd, which held only a prospecting right, was unlawfully conducting full-scale mining operations beyond what was permitted under its prospecting right. In July 2019 the High Court interdicted Bila from mining and from removing minerals beyond what was allowed. Despite the order, Samancor alleged that Bila continued extensive mining activities, including blasting and removal of large quantities of chrome ore. Samancor subsequently launched an urgent contempt application against Bila and sought the joinder of its directors, alleging wilful non-compliance with the court order. The High Court joined the directors but dismissed the contempt application on procedural grounds. Samancor appealed to the Supreme Court of Appeal.

The appeal succeeded with costs. The High Court’s dismissal of the contempt application was set aside and replaced with an order declaring the respondents to be in contempt of court. Bila Civil Contractors was fined R100 000, and each of the second to fifth respondents was fined R50 000, payable within 30 days. The respondents were ordered to notify Samancor of compliance and to pay costs jointly and severally.

The case clarifies that contempt proceedings may be determined simultaneously with the joinder of directors where they are properly cited, informed of the allegations, and afforded an opportunity to respond. It reinforces the standard for civil contempt in South African law and underscores the courts’ willingness to enforce compliance with interdictory orders in the mining context.