JOUBERT & OTHERS v MARANDA MINING CO (PTY) LTD 2010 (1) SA 198 (SCA)

This case study examines the legal dispute between the Sanwild Wildlife Trust and Maranda Mining Co (Pty) Ltd regarding the right of access to land for mining operations. The Supreme Court of Appeal (SCA) addressed whether a mining rights holder's right to access land is contingent upon public participation and consultation processes under the Mineral and Petroleum Resources Development Act 28 of 2002.

• The right of a mining rights holder to access land only becomes firm once all legal requirements for public participation and consultation have been met. This includes consultation with Interested and Affected Parties (I&APs) both before the right is granted and after authorization but before operations begin.
• The court defined consultation under the Mineral and Petroleum Resources Development Act 28 of 2002 as the mechanism used to inform a landowner about the potential impacts that prospecting or mining activities might have on their property.
• In the specific dispute involving Maranda Mining Co (Pty) Ltd and the Sanwild Wildlife Trust, the court found that the respondent had complied with all consultation provisions. The court rejected the appellants' arguments regarding the length of the access route and a failure to indicate the construction of a new road on the environmental management plan, characterizing the latter as a mistake.
• The court rejected the argument that a landowner's blanket refusal to grant access necessitates the Regional Manager to initiate land expropriation processes under section 54(5) of the MPRDA, stating there is no provision in the Act to support such reasoning.

APA

Centre for Environmental Rights (2010). JOUBERT & OTHERS v MARANDA MINING CO (PTY) LTD 2010 (1) SA 198 (SCA). https://cer.org.za/wp-content/uploads/2011/12/Joubert-v-Maranda-Mining-Company.pdf?x21779

Chicago

Centre for Environmental Rights. JOUBERT & OTHERS v MARANDA MINING CO (PTY) LTD 2010 (1) SA 198 (SCA). 2010. https://cer.org.za/wp-content/uploads/2011/12/Joubert-v-Maranda-Mining-Company.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=JOUBERT & OTHERS v MARANDA MINING CO (PTY) LTD 2010 (1) SA 198 (SCA) |date=2010 |url=https://cer.org.za/wp-content/uploads/2011/12/Joubert-v-Maranda-Mining-Company.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrights2010joubert, author = {{Centre for Environmental Rights}}, title = {{JOUBERT \& OTHERS v MARANDA MINING CO (PTY) LTD 2010 (1) SA 198 (SCA)}}, institution = {Centre for Environmental Rights}, year = {2010}, url = {https://cer.org.za/wp-content/uploads/2011/12/Joubert-v-Maranda-Mining-Company.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }