Realeboga Bosaletse N.O. and Others v The Minister of Mineral Resources and Others

The Jagersfontein Community Trust and Wheatfields Investments applied for prospecting rights over tailings dumps on subdivision 16 of farm Jagersfontein 14 in July and September 2009. The Department of Mineral Resources accepted both applications. Meanwhile, De Beers owned the farm and assets, which it sold to Jagersfontein Developments (Pty) Ltd (JD Company) on 13 September 2010. Two prior court decisions (the "Ataqua decisions") had declared that De Beers owned the tailings dumps and that the MPRDA did not apply to them. The Department converted De Beers' old order prospecting permit and consented to the transfer to JD Company under section 11 of the MPRDA. JD Company commenced diamond extraction operations on subdivision 16 in late 2011/early 2012. In January 2012, the Department refused Wheatfields' application. The applicants only brought this urgent review application in August 2013, seeking to set aside the Department's decisions and obtain interim relief to stop JD Company's operations.

• Whether the court could overrule two prior Ataqua decisions of the same court that determined De Beers owned the tailings dumps and the MPRDA did not apply to them
• Whether subsequent Constitutional Court and Supreme Court of Appeal decisions on the MPRDA overruled the Ataqua decisions
• Whether the applicants had locus standi as interested parties
• Whether the applicants were entitled to interim relief to stop mining operations
• Whether the applicants demonstrated urgency and explained the delay in bringing the application
• Whether the applicants should have exhausted internal remedies under PAJA before approaching the court

1. The application for condonation is granted. 2. The application for an interim order (Part A of the Notice of Motion) is dismissed. 3. The applicants are ordered to pay the costs of the application, including those incurred by the respondents in opposing the application on an urgent basis. 4. Costs to include costs of two counsel.

A court is bound by prior decisions of the same court that have not been set aside on appeal, even if those decisions may be considered wrong, unless exceptional circumstances justify departure from precedent. When a government department is party to proceedings resulting in a court order and chooses not to appeal, it is bound by that order and must comply with it - failure to do so would constitute contempt of court. A court order stands until set aside by a court of competent jurisdiction, and respect for the authority of courts is foundational to the rule of law. Parties seeking urgent interim relief must establish: (1) a prima facie right; (2) irreparable harm if relief is not granted; and (3) absence of alternative remedies. Failure to exhaust internal administrative remedies under PAJA without adequate explanation will ordinarily be fatal to an application. Unexplained delay in bringing urgent applications, particularly where legal representation exists and parties are aware of adverse decisions, demonstrates lack of urgency or self-created urgency.

The court made critical observations about the Department of Mineral Resources' treatment of the Jagersfontein Community Trust and Wheatfields. The court noted that the applicants were not properly assisted in their efforts to acquire prospecting rights, and that the Department should have facilitated engagement in good faith between the applicants and De Beers to attempt to reach accommodation. The court stated that if applicants had been kept informed of developments and assisted through mediation instead of being "shunted from one door to another", they would not have seen the court as their only hope. The court observed that the Department "missed an opportunity to redress the imbalance the MPRDA recognised and intended to correct." The court noted that whatever the Department does in future, including proposed amendments to the MPRDA, can never be of comfort to the Jagersfontein community given the Department's failure to appeal the Ataqua decisions "to the extent necessary or the extent the two were in conflict with the purport of the MPRDA as it and the broader community understood it." The court stated this failure occurred "overtly, ignorantly or otherwise" and that subsequent legislative changes cannot apply retrospectively to assist those in the same situation.

This case reinforces the fundamental principle of stare decisis in South African law - that courts are bound by prior decisions of courts of coordinate jurisdiction that have not been set aside on appeal. It demonstrates that exceptional circumstances must be shown before a court will depart from binding precedent, even when sitting as a full bench. The judgment highlights the importance of appealing adverse decisions timeously, as the Department's failure to appeal the Ataqua decisions had far-reaching consequences for third parties. The case also illustrates strict application of requirements for urgent relief and the need to exhaust internal administrative remedies under PAJA. While the court was critical of the Department's treatment of historically disadvantaged communities and its failure to facilitate engagement or appeal decisions that conflicted with the transformative purpose of the MPRDA, these considerations could not overcome the binding force of unappealed court orders. The case demonstrates tension between the rule of law (requiring compliance with court orders) and substantive transformation objectives in mineral rights allocation.