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)

This case study examines a legal dispute between mining rights holders, CA Visser Delwerye (Edms) Bpk and Christiaan Christoffel du Plooy, where the court held the Department of Minerals and Energy (DME) liable for legal costs due to its negligence in issuing a mining permit and its failure to provide information that could have prevented litigation.

• The court ruled that the Department of Minerals and Energy (DME) was obligated to provide information to parties to prevent unnecessary court proceedings, stating that as a public body, the Department was "not entitled to sit on the fence" when it possessed 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 incorrectly indicated he was entitled to mine on the full extent of 'Longlands' despite his title deed only applying to Lot 92. The Department admitted it had "misled Du Plooy" into believing he had these rights, and officials failed to inform him he was mining illegally even after inspecting the site and accepting R100,000 for rehabilitation for an amended Environmental Management Plan.
• Due to the Department's role in causing the dispute through misrepresentation and the withholding of information, the court deviated from the standard rule that costs follow the event. The DME was ordered to pay the full costs for Visser Delwerye and 75% of the costs for Du Plooy and Channal Mining.
• The court noted obiter that the DME's conduct failed to meet the standards required by section 195(1) of the Constitution, specifically regarding the provision of "timely, accessible and accurate information" and the maintenance of "a high standard of professional ethics."

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} }