In RSA, I understand that the courts sit only from Tuesday on and that scheduled hearings could take place on Tuesday, Wednesday, Thursday, etc. Is this so?
Also, is the only issue before this court not the interdict brought forth by the "heirs", naming the Minister of Minerals and Energy, the chief justice of the Supreme Court, Randgold and Southernera, preventing the Minister from issuing the mining permit for Marsfontein?
I thought section 24 had to do with the Minister expropriating property for mining if it were deemed in the best interests of the state, a course of action still open should the first court decision go against the government (and SUF).
The one thing that still bothers me, regardless of whether a last minute deal gets done with DeBeers, or how the courts decide. If the "heirs" can't show the mineral rights for Marsfontein being transferred from the long deceased original rights holders (I understand that other mineral rights were transferred by their estates), what happens if another set of "heirs" comes forward in 6 months, showing some transaction from 30-40 years ago that establishes them as the rightful heirs?
I guess what I'm saying is that I understand that the "heirs" (now NGS) had ancestors that once owned the mineral rights to Marsfontein. That is known. But how can anyone be certain that some other party didn't buy these rights? How could Randgold/SUF come to a settlement with NGS without certain knowledge that more legitimate "heirs" won't appear? I thought that section 17 was very specifically developed to handle just such an occurrence?
If anyone can shed some light..... |
