leakage

Last week I wrote to Genorah's lawyers expressing my concern regarding the leakage of documents from the Concourt. You may recall Andre from Miningmx published the response to Genorah's correspondence to the Concourt re the land claim in respect of Eerstegeluk.

I have received a reply to that issue and a few others. As the reply is private I will only share some of the important contents.

1."I am not sure how the Concourt communication was sent to other parties ...." Obviously it was leaked?????

2."...the Roka Phasha Tribal Council and the Roka Phaha community have the surface rights in respect of farm Eerstegeluk."

3. "We requested the Constitutional Court to amend their judgment in these respects, but as you are aware, the Constitutional Court have advised that they do not enter into correspondence on judgments delivered by it and that the community may make the appropriate application to the court or any other court if so advised."

4."We understand that Genorah and Nkwe had been advised that the prospects of the applicants succeeding with their appeal in the Constitutional Court had little prospects of success and that it was unlikely that the Constitutional Court would set aside the two judgments already obtained by Genorah in respect of the challenges to the granting of the prospecting rights."

5."....once the outcome of the application currently before the Minister, in respect of the said farms is known, Nkwe will be in a position to consider what further steps , if any, it should take to protect its interests."


SUMMARY

Lawyers are not aware how Concourt documents ended up in the hands of other parties/press.

Genorah were advised that the Concourt appeal by the Applicants was likely to fail. Naturally Genorah and NKP were confident of success.

The Bengwenyama community are not the owners of Eerstegeluk for purposes of the Act and all other purposes.





I hope that the above feedback clarifies some of the issues being debated on HC in recent times. We wait and anticipate that the pending DMR decisions will be favourable to NKP.