Mayfield Clays (Pty) Ltd v Makana Local Municipality and Others

The applicant, Mayfield Clays (Pty) Ltd, conducts kaolin mining operations adjacent to informal settlements within the Makana Local Municipality. An agreement was concluded between the parties on 9 September 2021 to enforce and maintain a buffer zone between the mining operations and the settlements. On 31 October 2023, the High Court (Pakati J) made the agreement an order of court and directed the respondents to comply. The order was served on all respondents on 12 December 2023. Despite repeated requests, an inspection in loco, and undertakings to report on compliance, the respondents failed to implement the order. This led the applicant to institute contempt of court proceedings on 28 May 2024. On 30 July 2024, the court granted an order in the contempt proceedings. The respondents then applied for leave to appeal against that contempt judgment.

Leave to appeal to a full bench of the Eastern Cape Division was granted, and the costs of the application for leave to appeal were ordered to be costs in the appeal.

The judgment reinforces the constitutional and procedural safeguards applicable in contempt of court proceedings, particularly where committal to prison is sought against municipal officials. It confirms the binding authority of Matjhabeng and underscores that non-joinder of officials in their personal capacities may be fatal where personal liberty is at stake, thereby strengthening protections under section 12 of the Constitution.