Hi Lastword,I take it you mean the other 3 farms? Good question....

Hi Lastword,

I take it you mean the other 3 farms? Good question. I don't know the answer, but the community only can have preference (see info from high court ruling below) if there is no current prospecting right granted.

The problem with the Tubatse farms was that the con court said that the DMR knew the community wanted to make an application and basically didn't advise them to make a 104 application. Hence the ruling means that the rights have been set aside.

Im still concerned as I think theres a medium/high risk of losing the 2 tubatse farms, but expect much less risk of losing Garatouw.

High court ruling
http://www.saflii.org/za/cases/ZAGPHC/2008/384.pdf

"4
It reads as follows:
?(1) Any community who wishes to obtain the preferent right to prospect or mine in respect of any mineral and land which is registered or to be registered in the name of the community concerned, must lodge such application to the Minister.
(2) The Minister must grant such preferent right if the community can prove that ?
(a) the right shall be used to contribute towards the development and the social upliftment of the community concerned;
(b) the community submits a development plan, indicating the manner in which such right is going to be exercised;
(c) the envisaged benefits of the prospecting or mining project will accrue to the community in question; and
(d) the community has access to technical and financial recources to exercise such right.
(2) The preferent right granted in terms of this section is ?
(a) vali9d for a period not exceeding five tears; and
(b) subject to prescribed terms and conditions.
(4) The preferent right referred to in subsection 1, shall not be granted in respect of areas, where a prospecting right, mining right, mining permit, retention permit, production right, exploration right, technical operation permit or reconnaissance permit has already been granted.?
"