The case arose from competing applications for prospecting rights for platinum group metals over portions of the farms Boschkloof 331 KT and Mooimeisjesfontein 363 KT in Limpopo. Rhodium Reefs Ltd had historically conducted prospecting in the area and obtained an interdict in October 2005 preventing the Department of Minerals and Energy from granting prospecting rights to third parties pending review proceedings. Despite the interdict, the Department granted prospecting rights to Southern Sphere Mining and Development Company Ltd and later to Dengetenge Holdings (Pty) Ltd. Rhodium successfully reviewed the Department’s refusal of its application, resulting in a High Court order in December 2006 directing that prospecting rights be granted to it. Southern Sphere subsequently launched review proceedings to set aside the grants to Dengetenge and Abrina. In the High Court, Dengetenge conceded that the grant of its prospecting right was unlawful because it had been issued in breach of the interdict. The High Court set aside Dengetenge’s prospecting right. Dengetenge appealed but failed to file heads of argument timeously in the Supreme Court of Appeal, where its application for condonation and reinstatement of the appeal was dismissed. Dengetenge then sought leave to appeal to the Constitutional Court against the SCA’s refusal of condonation.