Van den Heever v Minister of Minerals and Energy and Others

The appellant sought mining permits in 2008 to mine diamonds on portions of Farm Richtersveld No 11 in the Northern Cape. His applications were refused by the Department of Mineral Resources on the basis that a mining right over the same land already existed and was held by Trans Hex Operations (Pty) Ltd, having been ceded to it in 2001 by Trans Hex Mynbou Limited. The appellant contended that before the cession, Trans Hex Mynbou had abandoned its mining right by way of a letter dated 26 January 2001 to the Department of Minerals and Energy, which requested that certain portions of land be excluded from the mining lease area. He argued that this constituted abandonment of the mining right over those portions, rendering the later cession invalid. The respondents maintained that the letter, properly construed in its factual and contractual context, merely sought an amendment of the mining lease to allow surface use of the land for agricultural purposes by the Richtersveld community, without relinquishing mining rights.

The appeal was dismissed with costs, including the costs of two counsel for all respondents.

The case clarifies the strict requirements for proving abandonment of mining and other real rights in South African law. It reaffirms that abandonment is assessed objectively, with clear proof required, and that contextual interpretation of correspondence and conduct is essential. The judgment is significant in mining law disputes involving alleged relinquishment of rights and in administrative decisions under the MPRDA.