CCT39/13

[2013] ZACC 48

2014 (3) BCLR 265 (CC)

2014 (5) SA 138 (CC)

Jafta J Majority judgment

Zondo J separate judgment

Froneman J separate judgment

15 August 2013

13 December 2013

http://hdl.handle.net/20.500.12144/3711

Application for leave to appeal against a judgment of the SCA: Dengetenge Holdings (Pty) Ltd v Southern Sphere Mining and Development Company Ltd and Others (619/12) [2013] ZASCA 5; [2013] 2 All SA 251 (SCA) (11 March 2013).

Application for leave to appeal concerning a dispute over the grant of multiple applications for prospecting rights under the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA). The majority granted leave to appeal and dismissed the appeal. The Court rejected the applicant’s allegations of judicial bias in the Supreme Court of Appeal. It held that the first respondent had a statutory obligation to exhaust internal remedies before approaching the courts under the MPRDA. Notwithstanding its failure to do so, the Court held that it would be putting form over substance to require that the internal remedies under the MPRDA be exhausted in this case as this would not dispose of the real dispute between the parties. A separate concurring judgment held that it would serve no useful purpose to require the first applicant to have exhausted internal remedies. A dissenting judgment held that it was not in the interests of justice to grant leave to appeal. Majority: Jafta J (Moseneke DCJ, Madlanga J, Nkabinde J and Skweyiya J concurring). Separate concurrence: Zondo J (Mogoeng CJ concurring). Dissent: Froneman J (Cameron J and Van der Westhuizen J concurring).