Bengwenyama Minerals (Pty) Ltd and Others v Genorah Resources (Pty) Ltd and Others

Genorah Resources (Pty) Ltd applied for and was granted a prospecting right under s 17 of the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) in respect of several farms in Limpopo, including Eerstegeluk and Nooitverwacht. Bengwenyama Minerals (Pty) Ltd, associated with the Bengwenyama-ye-Maswazi community, lodged a later application for prospecting rights over the same farms. The Department of Minerals and Energy refused Bengwenyama Minerals’ application on the basis that Genorah had applied earlier. Bengwenyama Minerals sought to challenge the grant to Genorah, alleging non-compliance with consultation requirements, environmental and financial prerequisites, and asserting that its own application was in fact a community application under s 104 of the MPRDA giving it a preferential right. After unsuccessful attempts to secure relief through internal processes, Bengwenyama Minerals instituted review proceedings to set aside Genorah’s prospecting right.

The appeal was dismissed, and the appellants were ordered to pay the respondents’ costs.

The case clarifies the interaction between internal remedies under the MPRDA and judicial review under PAJA, confirming that failure to pursue or condone a late internal appeal results in abandonment of that remedy and triggers the PAJA time bar. It also provides guidance on what constitutes a valid community application under s 104 of the MPRDA and affirms the principle that administrative acts remain valid until set aside.