Dengetenge Holdings (Pty) Ltd v Southern Sphere Mining and Development Company Ltd and Others

The dispute arose from competing prospecting rights over certain farms in Limpopo and Mpumalanga provinces. Various prospecting rights were granted under the Mineral and Petroleum Resources Development Act 28 of 2002 to Southern Sphere Mining and Development Company Ltd, Rhodium Reefs Ltd, Dengetenge Holdings (Pty) Ltd, and Abrina 1998 (Pty) Ltd. Earlier court orders had interdicted the Department of Minerals and Energy from granting overlapping rights pending review proceedings, and later directed that prospecting rights be granted to Rhodium. Despite this, prospecting rights were granted to Dengetenge. Southern Sphere successfully reviewed and set aside the grant to Dengetenge in the North Gauteng High Court. Dengetenge obtained leave to appeal to the Supreme Court of Appeal but failed to timeously file its heads of argument, causing the appeal to lapse. Dengetenge then applied for condonation and reinstatement of the appeal.

The application for condonation was dismissed with costs. Dengetenge was ordered to pay the costs incurred by the respondents in opposing the lapsed appeal, including the costs of two counsel.

The case reaffirms the strict approach of the Supreme Court of Appeal to condonation applications, emphasizing compliance with procedural rules, the need for prompt and candid explanations for delay, and the importance of finality in litigation. It also underscores that concessions made in a lower court bind a party on appeal and that court orders must be obeyed until set aside.