mining, page-15

Hey Shadow.

I think the surprise was that Genorah was given the prospecting rights. At this stage the Bengwenyama-Ye-Maswazi Tribe could not have foreseen that the rights for their farms would be given to someone else.

[7]
Genorah was awarded prospecting rights over five properties in September 2006, including two properties, Eerstegeluk and Nooitverwacht, on which members of the Community reside. The Community has enjoyed uninterrupted occupation of
Nooitverwacht for more than a century. It was dispossessed of Eerstegeluk in 1945, but has successfully lodged a land claim for its formal restoration to the Community. Despite
some earlier skirmishes, it is now accepted that the Community holds both properties (the farms) as owner for the purposes of the application of the Act.
The farms are situated in the Limpopo province.

In regards to know applied first, The con court excepted this in to record.

[8]
It became apparent, quite early on, that the Community had an interest in acquiring prospecting rights on the farms. On 2 December 2004 it lodged objections in writing to
the Department against the granting of applications for prospecting on the farms (and another property) on the ground that the Community wanted to be accommodated
meaningfully in the projects. When no acknowledgement of receipt of this letter was received, the Community addressed a further letter to the Department dated 19 January 2005 in which it noted that no acknowledgement of receipt had been forthcoming, but in which it thanked the Department for the advice it had received. No prospecting rights over the farms were granted in respect of these applications.

This is well before Genorah came on the seem in 6 Feb 06.

Just a quick clarification on your "On 20 February 2006 the Department informed Genorah that its application had been accepted"

This is the full record from the court.

[13]
On 20 February 2006 the Department informed Genorah that its application had been accepted for further processing and that it was required to: submit an environmental management plan; consult with the landowner or lawful occupier of the land, as well as with other interested and affected parties; and to report the results of the consultation to
the Regional Manager.
The environmental management plan was submitted by Genorah
on 21 April 2006 but despite the letter addressed to it by the Kgoshi, dated 13 March 2006, Genorah made no further attempt to engage or consult with the Community. Under the requirements for the environmental management plan, consultation in that regard also had to take place with affected persons, but none took place with the Community.

This is what the judge said about the rights going to Genorah.

[18]
What is surprising and perplexing is that during these continuing exchanges between the Community and Bengwenyama Minerals on the one hand and the Department on the other the Department made no mention of the fact that prospecting
rights on the farms had already been awarded to Genorah. What is even more perplexing is that the prospecting rights were granted over the Community?s land without any notice
to the Community.

This goes to the core of the 180 days.

http://www.saflii.org/za/cases/ZACC/2010/26.pdf