The question that needs to be asked is whether Myeleti Minerals represents the interests of the registered landowners or the interests of a community with preferent mining rights interests to the Hoepakrantz farm.
A copy of the High Court judgment should reveal whether any "related parties" are listed as applicants to the hearing.
It appears that any "grant" of a prospecting right to Myeleti Minerals had not been registered with the Mining Titles Office before Genorah Resources was formally granted the prospecting rights by the Mining Titles Office and, as such, would be invalid as the prospecting right had not become effective in law.
I was advised by the SCA that "the records" (which I assume is the transcript of the High Court hearing and the case judgment) must be lodged no later than 1 February so it might be worthwhile contacting the SCA rather than the High Court Registrar at Pretoria as they might be able to offer more assistance.
For the benefit of those who missed my earlier post, the following is an excerpt of a news article dated 18 October 2010;
"The SCA has agreed to hear an appeal by Myeleti Minerals against the Pretoria High Court's refusal to set aside the grant of a prospecting right to Genorah. The right was granted to Myeleti but was inexplicably also granted to Genorah in error, court papers in Business Report's possession show.
Genorah's directors include Pandor and Nkuhlu, who is related to Wiseman Nkuhlu, the former adviser to ex-president Thabo Mbeki.
Myeleti applied for a prospecting right over the farm Hoepakrantz 2019 KT in Limpopo on July 28, 2005. The application was approved and granted on July 17, 2008.
The effect of the grant was that the prospecting right could not be granted to anyone else.
Despite this, Genorah applied on February 6, 2006 for a prospecting right over the farm and adjacent properties. The prospecting right was granted.
Although Myeleti cited the minister of mineral resources and other department officials in an application at the Pretoria High Court, it did not file any affidavits.
Myeleti argued that the granting of the right to Genorah was unlawful and unreasonable because once the grant was made, it could not be reversed, withdrawn or refused.
The company contended that the granting of the same right to Genorah could not be validly and legally made.
Myeleti also argued that Ross Rankapole, the department's Limpopo manager, admitted in correspondence with Genorah that the prospecting right ought not to have been granted to Genorah and that it occurred as a result of an error.
However, Acting Judge Hans-Joachim Fabricius found that any "grant" of a prospecting right to Myeleti had not become effective in law.
"Neither was any such right registered with the Mining Titles Office at all."
He also found that Myeleti was too late to go to court."
