Rustenburg Platinum Mines Limited and Another v The Regional Manager, Limpopo Region, Department of Mineral Resources and Others

The case concerned competing applications for prospecting and mining rights over the Modikwa Deeps Properties in Limpopo. Rustenburg Platinum Mines Limited (RPM), holding unused old order rights under the pre‑MPRDA regime, applied for a prospecting right in March 2004. After the MPRDA came into force, its application was processed as a pending application, giving RPM a one‑year exclusivity period. Before a final decision on RPM’s application, the Department of Mineral Resources accepted and later granted prospecting rights to Genorah Resources and to King Sekhukhune III (later ceded to Bauba). In August 2006 the Deputy Director‑General refused RPM’s application under s 17(2)(b) of the MPRDA on the basis that it would result in concentration of mineral resources and exclusionary conduct. Prospecting rights were subsequently renewed, amended and eventually a mining right was granted to Genorah. RPM and ARM brought review proceedings challenging seven departmental decisions, alleging unlawfulness, breach of exclusivity, improper interpretation of s 17, and procedural unfairness. The High Court dismissed the review mainly on the basis of unreasonable delay. ARM appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel, payable by the second appellant (ARM Mining Consortium Limited).

The judgment clarifies the interpretation of the MPRDA, particularly that a prospecting right is not a statutory prerequisite for the grant of a mining right. It underscores the importance of prompt action in administrative reviews and affirms that unreasonable delay can be fatal even where administrative irregularities may exist. The case also reinforces judicial deference to administrative finality and investment certainty in the mining sector.