not sure if this posted yet....

www.businessday.co.za/articles/Content.aspx?id=129419

Top court �misled� on prospecting dispute
The Bengwenyama-ye-Maswati community says the Constitutional Court was misled in giving platinum prospecting rights to Genorah Resources.
ALLAN SECCOMBE
Published: 2010/12/14 07:55:51 AM
A COMMUNITY said yesterday the Constitutional Court was misled by a rival community and it had erred in setting aside platinum prospecting rights awarded to Genorah Resources over two farms.

Last month, the court set aside the rights awarded over Eerste Geluk and Nooitverwacht near Steelpoort, Limpopo, ruling that Genorah did not consult the Bengwenyama-ye-Maswati community, which together with Bengwenyama Minerals, brought the court action. The court found the Department of Mineral Resources had not given the community a hearing ahead of granting the prospecting right.

Genorah, which vended platinum assets into Australia�s Nkwe Platinum in exchange for a majority stake in that company, has said there has been a miscarriage of justice. However, a Constitutional Court ruling is final and there is no appeal process.

The Roka-Phasha Phokwane Tribal Authority, with which Genorah had been working at Eerstegeluk, said yesterday the Bengwenyama-ye-Mswati had a land claim over Eerstegeluk but this had not been adjudicated or granted yet, meaning it had no right to approach the Constitutional Court to set aside the prospecting right over the land.

"We believe the Constitutional Court was misled over the surface rights on the farm Eerstegeluk, as a result of which the court made erroneous statements of fact, which we will seek to have corrected," the Roka-Phasha said in a statement.

"It�s all lies and deception by Nkwe and Genorah," said Ian Shapiro, the lawyer representing the Bengwenyama.

Nkwe has told its shareholders the court�s ruling merely set aside the prospecting right over the two farms and did not tell the department it had to award the prospecting rights to another party, meaning it may yet regain them .

Mining lawyer Peter Leon said it would be difficult to get the Constitutional Court to review its decision.

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