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Joubert and Others v Maranda Mining Company (Pty) Ltd (296/2008) [2009] ZASCA 68 (29 May 2009)

Reported
Joubert and Others v Maranda Mining Company (Pty) Ltd (296/2008) [2009] ZASCA 68 (29 May 2009)
Citation
Joubert and Others v Maranda Mining Company (Pty) Ltd (296/2008) [2009] ZASCA 68 (29 May 2009)
Media Neutral Citation
[2009] ZASCA 68
Court
Supreme Court of Appeal of South Africa
Case number
296/2008
Law report citations
[2009] 4 All SA 127 (SCA)
2010 (1) SA 198 (SCA)
Judgment date
29 May 2009
Language
English
Summary
A compliant mining permit holder has a statutory right to enter land to exercise its mining rights.
Flynote
Mineral law; access to land — mining permit holder’s statutory right to enter land under s27(7)(a) once consultation and EMP approval obtained; scope and effect of environmental management plan; mistaken entries on EMP form not determinative; expropriation not sole remedy for unreasonable refusal of access; court jurisdiction to grant interdictory relief.
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Cited documents 2

Act
2
Constitution of the Republic of South Africa, 1996
Citizenship and Immigration · Education · Environment, Climate and Wildlife · Health and Food Safety · Human Rights · International Law · Labour and Employment · Public administration
Mineral and Petroleum Resources Development Act, 2002
Business, Trade and Industry · Energy and Natural Resources · Environment, Climate and Wildlife

Documents citing this one 1

Judgment
1