CA VISSER DELWERYE (EDMS) BPK v DU PLOOY AND OTHERS; IN RE DU PLOOY AND ANOTHER v MINISTER OF MINERALS & ENERGY & OTHERS [2006] 2 All SA 614 (NC)

The court found the Department of Minerals and Energy (DME) liable for significant legal costs after it negligently issued a mining permit with inaccurate land boundaries and failed to provide information that would have resolved a dispute between two mining rights holders without court intervention. The court ruled that as a public body, the DME cannot 'sit on the fence' when it possesses information capable of preventing or shortening litigation.

• The court determined that the Department of Minerals and Energy (DME) was obligated to provide information to parties to prevent them from needing to resort to court proceedings, ruling that the Department is not entitled to 'sit on the fence' when it possesses information that could facilitate the resolution of a dispute or bring an early end to existing litigation.
• The DME was found negligent for issuing a mining permit to Christiaan du Plooy that perpetuated errors in his application, misleading him into believing he was entitled to mine on the full extent of 'Longlands' rather than just Lot 92. This negligence extended to the DME accepting payment for rehabilitation and granting permission to mine with machinery in areas where the Department knew the holder was not entitled to mine.
• Due to its failure to provide information timeously and its role in causing the dispute, the court deviated from the normal rule that costs follow the event, ordering the DME to pay 100% of the costs for Visser Delwerye and 75% of the costs for Du Plooy and Channal Mining.
• The court remarked obiter that the DME's conduct violated the principles of section 195(1) of the Constitution, specifically failing to maintain a "high standard of professional ethics" and failing to provide "timely, accessible and accurate information".

APA

Centre for Environmental Rights (2006). CA VISSER DELWERYE (EDMS) BPK v DU PLOOY AND OTHERS; IN RE DU PLOOY AND ANOTHER v MINISTER OF MINERALS & ENERGY & OTHERS [2006] 2 All SA 614 (NC). https://cer.org.za/wp-content/uploads/2011/12/CA-Visser-Delwerye-v-Du-Plooy.pdf?x21779

Chicago

Centre for Environmental Rights. CA VISSER DELWERYE (EDMS) BPK v DU PLOOY AND OTHERS; IN RE DU PLOOY AND ANOTHER v MINISTER OF MINERALS & ENERGY & OTHERS [2006] 2 All SA 614 (NC). 2006. https://cer.org.za/wp-content/uploads/2011/12/CA-Visser-Delwerye-v-Du-Plooy.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=CA VISSER DELWERYE (EDMS) BPK v DU PLOOY AND OTHERS; IN RE DU PLOOY AND ANOTHER v MINISTER OF MINERALS & ENERGY & OTHERS [2006] 2 All SA 614 (NC) |date=2006 |url=https://cer.org.za/wp-content/uploads/2011/12/CA-Visser-Delwerye-v-Du-Plooy.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrights2006visser, author = {{Centre for Environmental Rights}}, title = {{CA VISSER DELWERYE (EDMS) BPK v DU PLOOY AND OTHERS; IN RE DU PLOOY AND ANOTHER v MINISTER OF MINERALS \& ENERGY \& OTHERS [2006] 2 All SA 614 (NC)}}, institution = {Centre for Environmental Rights}, year = {2006}, url = {https://cer.org.za/wp-content/uploads/2011/12/CA-Visser-Delwerye-v-Du-Plooy.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }