This is an AI-generated summary of a selected monitored public legal source and may omit context. It is general information only, not legal advice, and is not a substitute for reading the source or consulting an attorney.
AI summary
The High Court in Pretoria dealt with an application for leave to appeal in Mlotshwa v Minister of Mineral and Petroleum Resources and Others. The court considered arguments about section 11(1) of the MPRDA and the exercise of discretion in the earlier order, and refused leave to appeal.
This may be relevant to mining right transfer and leave to appeal issues.
Evidence from source
The application for leave to appeal is refused.
Supports: The court’s outcome on the leave to appeal application.
The first is that, properly construed a reference to “an interest” in a mining right referred to in section 11(1) of the Minerals and Petroleum Resources Development Act [1] (MPRD) ought to be interpreted in the widest possible sense
Supports: The issue about section 11(1) of the MPRDA.
the exercise of this Court’s discretion to order the D-G, alternatively the Minister, to give consent was an exercise of a true discretion
Supports: The argument about the earlier exercise of discretion.