Old news but the important thing is that there seems to be enough evidence that proper consultation did not take place.This has to be emphasised and it looks like Genorah/Nkwe are not exactly as pure as white.
Nevertheless I am confident of a relatively good outcome
for us all shareholders.
Important paragraphs as below:
BARRY SERGEANT: Absolutely, the facts of the case are very interesting. It was September 2006 when Genorah acquired the prospecting rights to five properties in the eastern limb of the bushveld, they're contiguous, more or less and the two properties in this case were Nooitverwacht and Eerstegeluk, which are very much contiguous. Now, the community, the Bengwenyama, have lived there for over 100 years. So, they are very much part of the land and according to the judgment, Genorah, all it did on the one property was arrive one day and tell the iNkosi that they were going to start prospecting there and they left and that was the extent of the consultation.
PETER LEON: Yes, well, in fact it also comes out of the judgment that the iNkosi complained and there was correspondence between him and Genorah, as I recall it, which was basically that correspondence appears to have been ignored, both by Genorah and by the department.
BARRY SERGEANT: And the other thing, which is apparent for the judgment, is that although the rights were granted in September 2006, the environmental paperwork was only filed at the end of the year. How could that be?
PETER LEON: Well, that's a very interesting point Barry because in fact the court, Froneman, Judge Froneman, on behalf of the Constitutional Court and it was unanimous judgment, actually made a very strong issue of that and said, well that's nonsense, exactly as you're saying. It's illogical, you can't have a situation where the right's granted and the environmental processing and the impact assessment only takes place after the event. That is a completely illogical step, the one needs to precede the other and you can't have it the other way around. So, that's obviously given some guidance, hopefully, to the Department of Mineral Resources and to prospecting right applicants in the future.
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