mining, page-8

Hey Manjapra.
Thanks.
Just been re reading the concourt case. It seems that the 104 application can only really go to Bengwenyama Minerals given the out come of the case. In fact they had formed a BEE by Sept 06.

Concourt.
[14]
On 9 June 2006 the initial investment agreement between
Bengwenyama Minerals, the Community and other interested parties was concluded. Bengwenyama Minerals then submitted an application for prospecting rights on the prescribed form.
[15]
On 14 July 2006 Bengwenyama Minerals submitted another application for prospecting rights in respect of the farms and this application was accepted as proper by the Department on 24 July 2006

[17]
On 15 September 2006 the final investment agreement was concluded. On the next day, the Kgoshi of the Community wrote a letter to the Department stating his concurrence and approval of Bengwenyama Minerals acting as a ―black empowered enterprise on behalf of the Community.


http://www.saflii.org/za/cases/ZACC/2010/26.pdf