NEW GORDON DIAMOND MINING COMPANY v DU TOITS PAN MINING BOARD (1891  1892) 9 SC 150

The court found that the Du Toit's Pan Mining Board had the power, but not a specific statutory duty, to remove excess water from the mine, meaning a mandamus could not be issued to compel the action.

• The court determined that the Act of 1883 did not impose a specific legal obligation on the Du Toit's Pan Mining Board to remove water from the mine; rather, the board was authorized to do so and possessed the means to do so via rates, tariffs, and borrowing, but maintained a discretion on whether to exercise those powers.
• The court held that for public bodies charged with duties involving judgment and discretion, the only available remedy for a person injured by negligence in the exercise of that discretion is an action for damages.

APA

Centre for Environmental Rights (n.d.). NEW GORDON DIAMOND MINING COMPANY v DU TOITS 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 TOITS 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 TOITS 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 TOITS 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} }