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High Court rules against DA in State capture inquiry case

By: News24Wire      29th September 2017 The High Court in Pretoria has granted President Jacob Zuma a stay in immediately implementing a judicial commission of inquiry as recommended in the Public Protector's State of Capture report. This is until his application for a review of that remedial action recommended by the report is heard... 

Court rules in favour of Conroy Gold

By: Mariaan Webb     26th September 2017 The High Court in Dublin on Tuesday ruled in favour of gold explorer Conroy Gold and Natural Resources in the case brought against the company by shareholder Patrick O’Sullivan. O’Sullivan turned to the court after chairperson Richard Conroy blocked him from seeking the appointment of three new... 

Ekapa Minerals abandons part of its case against Zama Zama miners

By: News24Wire      20th September 2017 Ekapa Minerals has abandoned part of its interdict against "Zama Zama" miners, calling into question the validity of the entire interdict. GroundUp reports that on September 14, Ekapa Minerals filed a notice which abandoned parts of its interdict against Zama Zama miners in Kimberley. 

Zuma, DA to battle in SCA over spy tapes saga

By: News24Wire      14th September 2017 President Jacob Zuma will on Thursday face yet another legal hurdle in the Supreme Court of Appeal (SCA) as he seeks leave to appeal the decision by the North Gauteng High Court in Pretoria on the spy tapes saga. In 2016, a full bench of judges overturned the National Prosecuting Authority's... 

Judgment reserved in State capture application

By: News24Wire      13th September 2017 The crux of President Jacob Zuma's argument against implementing the remedial action of the Public Protector's State of Capture report is that it would be unconstitutional to do so. On Tuesday Advocate Ishmael Semenya SC, for Zuma said in the High Court in Pretoria that the Public Protector "does... 

Goldplat heads to High Court over Rand Refinery dispute

By: Creamer Media Reporter      11th September 2017 Aim-listed Goldplat has taken to the High Court of South Africa, Gauteng Local Division, to recover the fees owing and payable to its subsidiary Goldplat Recovery by Rand Refinery. This followed Goldplat’s comments in April that failure to resolve the long-standing dispute between the parties... 

South African Mines Minister unabashed over new Mining Charter

By: Esmarie Swanepoel     7th September 2017 South Africa’s Mineral Resource Minister Mosebenzi Zwane on Thursday stuck to his guns about the introduction of the much-maligned Mining Charter, telling a mining conference audience in Perth that it was the prerogative of the government to ensure policy and regulatory certainty. Zwane said at... 

Court approves Minco-Dalradian transaction

By: Mariaan Webb     29th August 2017 The High Court of Ireland has approved the acquisition of Minco by Dalradian Resources, which gives the project development company control of the 2% net smelter royalty on its Curraghinalt gold deposit, in Northern Ireland. The transaction entails TSX- and Aim-listed Dalradian buying Aim-listed... 

CoM files replying affidavit in Mining Charter interdict application  

By: Anine Kilian     21st August 2017 The Chamber of Mines (CoM) has submitted a replying affidavit in the High Court, in Pretoria, in response to Mineral Resources Minister Mosebenzi Zwane’s August 7 affidavit, in an interdict application against the implementation of the Reviewed Mining Charter. Zwane in June introduced the... 

Enviroserv officials in the dock over 'big stink'

By: News24Wire      17th August 2017 EnviroServ CEO Dean Thompson and four other officials from the waste management company are now personally facing criminal charges relating to allegations that their Hillcrest landfill site is causing a noxious "big stink" in the area, west of Durban. The alleged gases emanating from the site are... 

Gas-to-power a more favourable alternative energy source

By: Nica Schreuder     28th July 2017 The nuclear procurement programme was rejected in the High Court earlier this year and opens the way for greater advocacy around the gas-to-power programme, says oil and gas specialist Lizel Oberholzer. “The focus on nuclear energy generation has come at the cost of the development of other... 

Charter’s BEE ‘top-up’ provision may be unconstitutional

     21st July 2017 The new “top-up” provision in the latest Mining Charter gazetted on June 15, may prove to be unconstitutional and may lead to further expensive legal action by the mining industry, states Fasken Martineau partner and global mining group member Nicola Jackson. In a statement published on June 15,... 

Zuma has no grounds to stop state capture inquiry - Mkhwebane

By: News24Wire      12th July 2017 President Jacob Zuma has no grounds on which to attack the remedial action former public protector Thuli Madonsela set out in her State of Capture report, her successor says in court papers. His application for a court to review and set aside Madonsela’s recommendations lacks any prospect of... 

NPA eyeing prosecution over PRASA billions

By: News24Wire      10th July 2017 The National Prosecuting Authority (NPA) may decide at the end of July whether or not it will prosecute anyone over allegedly corrupt contracts worth billions of rands awarded by the Passenger Rail Agency of South Africa (PRASA). The NPA has told News24 that its Specialised Commercial Crime Unit... 

Sierra Leone court backs Cape Lambert request

By: Esmarie Swanepoel     7th July 2017 The High Court of Sierra Leone has issued a court order preventing the liquidation of Timis Mining and allowing ASX-listed Cape Lambert and others to proceed to arbitration. Cape Lambert in May launched legal action in Sierra Leone against Timis Mining, Gerald Mining and others, over overdue... 

Deloitte unpacks Mining Charter ahead of High Court hearing into Chamber’s application to halt its implementation

By: Mia Breytenbach     5th July 2017 Ahead of the High Court of South Africa’s hearing, on July 18, to decide on an interdict to halt the implementation of the revised Mining Charter, Deloitte Africa Energy and Resources leader Andrew Lane on Wednesday said the mining industry had to take a broader view of the charter, focus and... 

CoM applies for interdict to halt implementation of reviewed Mining Charter

By: Anine Kilian     26th June 2017 The Chamber of Mines (CoM) has issued an urgent application to the High Court of South Africa requesting that the court prevent the implementation of the Reviewed Mining Charter, which was published by the Department of Mineral Resources (DMR) on Thursday.   The application, issued on Monday,... 

‘Radical Economic Transformation’ in the mining sector may prove unconstitutional

     19th June 2017 The new “top-up” provision in the latest Mining Charter gazetted on 15 June 2017 may prove to be unconstitutional, and may lead to further expensive legal action by the industry, writes Nicola Jackson, a partner at the law firm Fasken Martineau and a member of the firm’s global mining group.... 

Sanral receives fraction of Gauteng tolls income – Outa

By: Natasha Odendaal     12th June 2017 Only 26% of the income received from motorists paying the gantry fees for using some of Gauteng’s freeways since its 2013 inception is being pocketed by the South African National Roads Agency Limited (Sanral), the Organisation Undoing Tax Abuse (Outa) said on Monday. Outa, which is ramping up... 

De Beers taking Minerals Minister to court over bewildering diamond export obfuscation

By: Martin Creamer     31st May 2017 The South African government is refusing to grant an exemption to diamond mining company De Beers Consolidated Mines (DBCM) relating to the exportation of diamonds to neighbouring Botswana for aggregation, Mining Weekly Online can today report. Aggregation is the process of mixing like-for-like... 

Bongiwe Pityi

     26th May 2017 This week we feature Bongiwe Pityi, GM of OR Tambo International Airport   

Petmin subsidiary Tendele still in legal dispute with former customer

By: Megan van Wyngaardt     24th May 2017 JSE-listed Petmin on Wednesday said its Tendele Coal Mining subsidiary’s litigation against a former customer, including the High Court action, was still ongoing. Tendele Coal Mining is involved in legal proceedings with one of its former customers pertaining to disputes arising from a supply of... 

Molefe could 'obstruct' investigations – DA

By: News24Wire      16th May 2017 The reinstatement of Brian Molefe as Eskom CEO places him in a "position to frustrate or obstruct" any investigations against him, the Democratic Alliance (DA) says in court papers. The party on Monday brought an application in the High Court in Pretoria, asking it to rule Molefe's reinstatement... 

High Court rejects Farmers Trust’s appeal in fresh produce competition investigation 

By: Megan van Wyngaardt     12th May 2017 The High Court of South Africa has dismissed an application by Farmers Trust to set aside the Competition Commission’s search warrant in an investigation into alleged cartel and price-fixing conduct by fresh produce market agents. The failed bid followed a search and seizure operation conducted... 

'I’m not chasing any job' – Gordhan after High Court ruling

By: News24Wire      5th May 2017 Former Finance Minister Pravin Gordhan would not return to his job, even if the courts found that President Jacob Zuma had erred by unceremoniously removing him and his deputy Mcebisi Jonas from their positions. “Let the courts do their job and let’s see what happens. It’s a legitimate legal... 

M&R a co-applicant with GE in dispute with Eskom over Duvha contract

By: Terence Creamer     26th April 2017 Murray & Roberts (M&R) has confirmed that it is a co-applicant with GE’s in court bid to prevent Eskom from implementing a contract with Dongfang Electric Corporation for the Duvha Unit 3 boiler recovery project. The 600 MW boiler was damaged catastrophically in March 2014 as a result of over... 

A nuclear set-back for South Africa’s nuclear procurement process:

     26th April 2017 Earthlife Africa - Johannesburg (and Another) v The Minister of Energy (and Others) On the 26th of April 2017 the High Court of South Africa (Western Cape Division, Cape Town) delivered judgment in the review application brought by Earthlife Africa (Johannesburg) (Earthlife) against the State in... 

Chevron’s A$340m tax bill appeal in Australia dismissed

By: Esmarie Swanepoel     24th April 2017 The federal government has welcomed a Full Federal Court decision to dismiss oil and gas giant Chevron’s appeal of a A$340-million Australian Taxation Office (ATO) bill. The court dismissed Chevron’s appeal against an ATO ruling that the US giant had used an intra-company loan as a means to shift... 

Peters irrational when she removed PRASA board – court

By: News24Wire      10th April 2017 Former Minister of Transport Dipuo Peters acted irrationally in removing PRASA's board, the North Gauteng High Court in Pretoria ruled on Monday. Judge Peter Mabuse said in a scathing judgment that her decision was unreasonable and disproportionate and he set it aside. 

Alpha coal mine survives another environmental appeal

By: Esmarie Swanepoel     7th April 2017 The High Court of Australia has reportedly dismissed an appeal from greens group Coast and Country against the Alpha coal mine, being developed by GVK Hancock, in Queensland. Coast and Country had applied for special leave to appeal the Appeal’s Court decision regarding the emissions that could... 

Madonsela calls on Zuma to withdraw 'state capture' report court challenge

By: News24Wire      6th April 2017 Former Public Protector Thuli Madonsela on Wednesday called on President Jacob Zuma to withdraw his High Court in Pretoria application to review and set aside the remedial action recommendations in the State of Capture report. She said Zuma should immediately appoint a commission of inquiry or... 

New Transport Minister will not interfere in legal proceedings initiated by former PRASA board 

By: Megan van Wyngaardt     3rd April 2017 Newly appointed Transport Minister Joe Maswanganyi on Monday said he would not interfere with ongoing court proceedings initiated by the former board of the Passenger Rail Agency of South Africa (PRASA) to have former Transport Minister Dipuo Peters’ decision to dissolve the board set aside.... 

Gupta entity wanted Gordhan’s ‘unlawful’ intervention

By: African News Agency      29th March 2017 Oakbay Investments, owned by the controversial Gupta family, sought Finance Minister Pravin Gordhan to intervene illegally in its dispute with top South African banks, the High Court in Pretoria heard on Wednesday. Advocate Vincent Maleka, representing Standard Bank, told a full bench of judges... 

Denel heads to court to dispel doubts over legality of Denel Asia JV

By: Natasha Odendaal     24th March 2017 Denel has taken to the High Court of South Africa in Gauteng to clear up doubts over the legal standing of Denel Asia, a joint venture (JV) with VR Laser Asia. The State-owned defence group on Friday applied to the High Court in Pretoria for an order declaring that it obtained approval to form... 

Zambia copper miners face $276m bill in power dispute

By: Bloomberg     21st March 2017 Zambian copper miners including the local unit of Glencore Plc could face a power bill of more than $276-million if they lose a dispute with the government over electricity tariff rises, according to Copperbelt Energy Corp., their biggest supplier. A resolution to the three-year battle could... 

Commission gets go-ahead to review evidence in margarine manufacturers cartel case

By: Creamer Media Reporter      17th March 2017 The Competition Commission on Friday welcomed a High Court ruling in its favour to review evidence seized during an investigation into alleged cartel activity by five manufacturers of refined edible cooking oils, baking fats and margarine in South Africa. Early in March, DH Brothers Industries,... 

Former PRASA board case postponed

By: News24Wire      16th March 2017 The urgent High Court case brought by former PRASA board members to have their dismissal by Transport Minister Dipuo Peters set aside, was postponed on Thursday morning. After a minute of appearing in the High Court in Pretoria, Advocate David Unterhalter SC requested a postponement to file an... 

Air Liquide opposes Evraz Highveld court proceedings

By: Megan van Wyngaardt     15th March 2017 Embattled Evraz Highveld Steel’s business rescue practitioners (BRPs) have instituted court proceedings against Air Liquide in the High Court seeking to cancel certain obligations under a supply agreement between the two companies. The application also seeks declaratory relief from Air Liquide’s... 

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