I'm not sure why we are concerning ourselves with an appeal to the ConCourt. In NKWE's Dec 1 ASX announcement they noted:
"The Court set aside the current prospecting right for the 2 farms on a number of technical and administrative grounds including whether the Department of Mineral Resources (DMR) had met all the technical requirements of the application and whether the requisite consultative process with the local community had been adhered to. Importantly, the Court issued no directions to the DMR and it did not direct the DMR to award the prospecting right to an alternative applicant."
As we have seen from various posts and yesterday's news releases, there is now doubt regarding the legitimacy of those who claimed to represent the community in the court case. Using my non-lawyer logic, this suggests that prior to the court case, the DMR may have already met the technical requirements and undertaken the requisite consultative process with the 'real' local community. If all the DMR needs to do now is demonstrate that they engaged earlier with the 'real' local community and at that time undertook the 'requisite consultative process", does is it then become a straightforward case of (potentially) re-instating the rights to Genorah? If so, there would be no need to "appeal" the ConCourt's decision. If it's not necessary, I can't see how an appeal would benefit either Genorah, NKWE or shareholders. However, given the complexity of the issues, is this view overly naive and simplistic? Anyone with a legal mind who would like to comment?
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