"It seems the case has skipped a few places in the queue, which could possibly mean that the judges did not see much controversy in it. As I understand, the law would require a major overhaul to award the case to Bengwengthingy. The fact that the judgment has come out ahead of time may indicate there was not much in it that required the judges to deliberate for an extensive period. Perhaps this means the result is favourable to Genorah???"
I'm pleased that this judgment has jumped the queue but I'm not confident that it's because the judges are treating the case as a lay down misere for the respondents. I'm sure that the judges are mindful of the significant commercial interests that are being prejudiced by this litigation, in that the actual mining and development are being delayed, and this is the reason for fast tracking the court's decision.
The Myeleti Minerals (Pty) Ltd -v- Minister for Minerals & Energy appellants will no doubt be eagerly awaiting this decision to gauge whether the higher courts are prepared to back aggrieved mining companies that fail to comply with legislative requirements and then challenge in the courts those that do.
It may be a costly exercise to find out that they don't.
Stagman
NKP Price at posting:
51.0¢ Sentiment: None Disclosure: Held
