NEW GORDON DIAMOND MINING COMPANY v DU TOIT’S PAN MINING BOARD (1891 – 1892) 9 SC 150

This case study examines the 1891-1892 legal dispute between the New Gordon Diamond Mining Company and the Du Toit’s Pan Mining Board. The court ruled that the Mining Board had the discretion, but not a specific statutory duty, to remove accumulated water from the mine. Consequently, the court found that the only remedy for negligence in such discretionary duties was an action for damages, rather than a mandamus to compel performance.

• The court determined that the Act of 1883 did not impose a specific legal duty on the Du Toit’s Pan Mining Board to remove water from the mine. Although the board was granted the authority and the financial means to do so—including the power to fix tariffs, raise funds via rates, and borrow funds—the court found that the board possessed the discretion to decide whether or not to exercise these powers.
• Regarding remedies for the failure of a public body to exercise its statutory duty, the court held that if a public body is negligent in exercising its discretion, the only available remedy for an injured party is an action for damages.
• The court noted that it did not seem that a South African court had previously issued a mandamus to compel an individual or public body to perform a specific statutory duty, though it suggested in obiter that such a mandatory interdict might be necessary in some cases for the administration of justice.
• The dispute arose because the New Gordon Diamond Mining Company's claims in the Du Toit’s Pan mine were flooded and rendered unworkable below a certain level due to water accumulating from unworked claims, including those held by the De Beers company.

APA

Centre for Environmental Rights (n.d.). NEW GORDON DIAMOND MINING COMPANY v DU TOIT’S PAN MINING BOARD (1891 – 1892) 9 SC 150. https://cer.org.za/wp-content/uploads/2011/12/New-Gordon-Diamond-Mining-Company-Ltd-v-Du-Toits-Pan-Mining-Board.pdf?x21779

Chicago

Centre for Environmental Rights. NEW GORDON DIAMOND MINING COMPANY v DU TOIT’S PAN MINING BOARD (1891 – 1892) 9 SC 150. n.d. https://cer.org.za/wp-content/uploads/2011/12/New-Gordon-Diamond-Mining-Company-Ltd-v-Du-Toits-Pan-Mining-Board.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=NEW GORDON DIAMOND MINING COMPANY v DU TOIT’S PAN MINING BOARD (1891 – 1892) 9 SC 150 |url=https://cer.org.za/wp-content/uploads/2011/12/New-Gordon-Diamond-Mining-Company-Ltd-v-Du-Toits-Pan-Mining-Board.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrightsndnew, author = {{Centre for Environmental Rights}}, title = {{NEW GORDON DIAMOND MINING COMPANY v DU TOIT’S PAN MINING BOARD (1891 – 1892) 9 SC 150}}, institution = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2011/12/New-Gordon-Diamond-Mining-Company-Ltd-v-Du-Toits-Pan-Mining-Board.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }