Minister of Mineral Resources and Energy and Another v Assmang Proprietary Limited (Leave to Appeal) (13164/2022 ; 13165/2022 ; 13166/2022) [2024] ZAGPPHC 1189 (18 November 2024)

begin wrapper begin container begin header begin slogan-floater end slogan-floater - About SAFLII About SAFLII - Databases Databases - Search Search - Terms of Use Terms of Use - RSS Feeds RSS Feeds end header begin main begin center # South Africa: North Gauteng High Court, Pretoria South Africa: North Gauteng High Court, Pretoria You are here: SAFLII >> Databases >> South Africa: North Gauteng High Court, Pretoria >> 2024 >> [2024] ZAGPPHC 1189 | Noteup | LawCite sino index ## Minister of Mineral Resources and Energy and Another v Assmang Proprietary Limited (Leave to Appeal) (13164/2022 ; 13165/2022 ; 13166/2022) [2024] ZAGPPHC 1189 (18 November 2024) Minister of Mineral Resources and Energy and Another v Assmang Proprietary Limited (Leave to Appeal) (13164/2022 ; 13165/2022 ; 13166/2022) [2024] ZAGPPHC 1189 (18 November 2024) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPPHC/Data/2024_1189.html sino date 18 November 2024 REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA CASE NO.: 13164/2022 13165/2022 13166/2022 (1) REPORTABLE: NO (2) OF INTEREST TO OTHER JUDGES: NO (3) REVISED: NO Date: 18 November 2024 Signature: E van der Schyff In the application for leave to appeal between: The Minister of Mineral Resources and Energy             First Applicant Regional Manager: Mineral Regulation Northern Cape Regional Office                                      Second Applicant and Assmang Proprietary Limited                                         Respondent JUDGMENT Van der Schyff J [1] This is an application for leave to appeal against a judgment and order handed down on 20 November 2023. The applicants in this application were the first and second respondents in the respective applications before me. They are referred to as cited in this application. [2] The judgment handed down on 20 November 2023 is comprehensive and contains the reasons for the judgment. It is in the interest of justice to consider this application for leave to appeal despite the respondent’s contention that it was issued late. [3] I considered the grounds for appeal. I am of the opinion that another court would not come to a different view. The appeal does not have a reasonable prospect of success. The applicants mainly fail to differentiate between the nature of the relief sought and granted in this court, and the nature of the appeals in terms of section 96 of the Mineral and Petroleum Resources Development Act 28 of 2002, which are pending. [4] In the result, the application for leave to appeal stands to be dismissed. [5] As far as costs are concerned, I am not convinced that the matter required the involvement of two counsel on the respondent’s side. The main applications were rather complex, but the application for leave to appeal was straightforward, and no novel or complex issues were raised. ORDER In the result, the following order is granted: 1. The first and second applicant’s application for leave to appeal is dismissed with costs of one counsel on scale B. E van der Schyff Judge of the High Court Delivered:  This judgment is handed down electronically by uploading it to the electronic file of this matter on CaseLines. As a courtesy gesture, it will be emailed to the parties/their legal representatives. For the first and second applicants:             Adv. L Gumbi Instructed by:                                               The State Attorney For the respondent:                                     Adv. E Eksteen With:                                                            Adv. R. Molefe Instructed by:                                               Werkmans Attorneys Date of the hearing:                                      12 November 2024 Date of judgment:                                         18 November 2024 sino noindex make_database footer start