attorney office reply, page-2

Thanks guys for the update!

Although the High Court judge denied any appeal, the Supreme Court of Appeal (SCA) has allowed the appeal on 30 August 2011? Gosh, this date sounds very familiar for option holders... This time, the rights is over Hoepakrantz, another large chunk of Tubatse.

Attached below is an article that give us further insight into what the heck is going on, note the date of the article... Those in receipt of such information would already be selling out as witness last year as it dropped from the high 60's to the 40's on volume.

Now boys, will a JV decision be sealed and a BFS released prior when one of NKP's most prized asset is pending legal appeal?

I will be interested in hearing any of your opinions...


Genorah defends prospecting rights
17 October | 22:51
By Wiseman Khuzwayo

Genorah Resources, a company linked to the husband of Science and Technology Minister Naledi Pandor Sharif Pandor and politically connected Andile Nkuhlu, finds itself having to fend off challenges at both the SCA and the Constitutional Court over how it acquired prospecting rights to three farms in Limpopo.

The SCA has agreed to hear an appeal by Myeleti Minerals against the Pretoria High Court's refusal to set aside the grant of a prospecting right to Genorah. The right was granted to Myeleti but was inexplicably also granted to Genorah in error, court papers in Business Report's possession show.

Genorah's directors include Pandor and Nkuhlu, who is related to Wiseman Nkuhlu, the former adviser to ex-president Thabo Mbeki. Myeleti applied for a prospecting right over the farm Hoepakrantz 2019 KT in Limpopo on July 28, 2005. The application was approved and granted on July 17, 2008.

The effect of the grant was that the prospecting right could not be granted to anyone else. Despite this, Genorah applied on February 6, 2006 for a prospecting right over the farm and adjacent properties. The prospecting right was granted. Although Myeleti cited the minister of mineral resources and other department officials in an application at the Pretoria High Court, it did not file any affidavits. Myeleti argued that the granting of the right to Genorah was unlawful and unreasonable because once the grant was made, it could not be reversed, withdrawn or refused.

The company contended that the granting of the same right to Genorah could not be validly and legally made. Myeleti also argued that Ross Rankapole, the department's Limpopo manager, admitted in correspondence with Genorah that the prospecting right ought not to have been granted to Genorah and that it occurred as a result of an error. However, Acting Judge Hans-Joachim Fabricius found that any "grant" of a prospecting right to Myeleti had not become effective in law. "Neither was any such right registered with the Mining Titles Office at all." He also found that Myeleti was too late to go to court.

This is an appeal against decisions by the Pretoria High Court and the SCA that found in favour of Genorah. On February 8, 2006, Genorah lodged an application for a prospecting right on five farms.


Reference:

http://m.iol.co.za/article/view/s/9/a/27296

http://www.iol.co.za/business/business-news/genorah-prospecting-rights-set-aside-1.894645