South Africa: North West High Court, Mafikeng

You are here:
SAFLII >>
Databases >>
South Africa: North West High Court, Mafikeng >>
2019 >>
[2019] ZANWHC 60
| Noteup
| LawCite
Ikwezi Vanadium (Pty) Ltd v Ditsele and Others (UM120/2019) [2019] ZANWHC 60 (2 September 2019)
Download original files |
IN THE HIGH COURT OF SOUTH AFRICA
(NORTH WEST DIVISION, MAHIKENG)
CASE NO: UM 120 / 2019
Held at MMABATHO on this the 2nd day of SEPTEMBER 2019
BEFORE the Honourable Madam Justice DJAJE
In the matter between:
IKWEZI VANADIUM (PTY) LTD
(REGISTRATION NUMBER: 2009/ 023155/ 07) Applicant
and
DITSELE, THABANG SAM 1st Respondent
THOSE FURTHER PERSONS INTERFERING
IN THE APPLICANT' S BULK SAMPLING OPERATIONS 2nd Respondent
NZALA, THEMBA 3rd respondent
D E THABEKA 4th Respondent
M A NZALA 5th Respondent
H MATLALA 6th Respondent
B S MLAKA 7th Respondent
S I LETAGENG 8th Respondent
A MODISE PHEFO 9th Respondent
KOLOBE, PRINCE 10th Respondent
MAMATU, BERNARD 11th Respondent
MK MELEWE 12th Respondent
SIKWANA, DAVID 13th Respondent
GXAMTHANI, MTHUTHUZELI 14th Respondent
NZALA, WANDILE 15th Respondent
PRESENT, DOCTOR 16th Respondent
NZALA, DOUGLAS 17th Respondent
TUMANI, OBAKENG 18th Respondent
SP MOTSHABI 19th Respondent
NTAKILE, DONALD 20th Respondent
NSTHABILE, VICTOR 21st Respondent
KOBEDI, TSHEPISO 22nd Respondent
MAMATU, SIDWE 23rd Respondent
MOSOTHO, THABANG 24th Respondent
DONAWA, AYANDA 25th Respondent
MOKETSI, HAPPY 26th Respondent
NDAKALE, HERMAN 27th Respondent
MANTSHIYO, KABELO 28th Respondent
THE MINISTER OF POLICE: GENERAL
BHEKI CELE 29th Respondent
THE NATIONAL COMMISSIONER OF
THE SAPS: GENERAL K J SITHOLE 30th Respondent
THE STATION COMMISSIONER OF THE
MOGWASE SAPS STATION: COLONEL RAPHATA 31st Respondent
THE SHERIFF OF THE HIGH COURT: MANKWE (MOGASE) 32nd Respondent
HAVING HEARD ADV SCHOLTZ on behalf of the Applicant and First and Third in person and having read the Notice of Motion and other documents filed of record;
IT IS ORDERED
1. That THEMBA NZALA AND 29 OTHERS listed above be and hereby are joined to the application launched out of this Honourable Court under case number: UM120 / 2019, as the 3rd to 32nd Respondents.
2.That the rule nisi issued on 25 July 2019 be extended and the Respondents and any other interested party be called upon to show cause, if any, to this Honourable Court on the 5th day of September 2019 at 10h00 or so soon thereafter as the matter may be heard, why an order in the following terms should not be granted:
2.1 The Respondents are hereby interdicted and restrained from interfering with the Applicant's officials, agents, contractors or employees or the Sheriff of the Court or his lawfully appointed Deputy, in the carrying out of their obligations in terms of any order of this Honourable Court;
2.2 The Respondents are hereby interdicted and restrained from entering or accessing the fenced off area of Farm Haakdoornfontein 12 JQ and trespassing on such area in which the Applicant's bulk sampling activities are conducted;
2.3 The Respondents are hereby interdicted and restrained from blockading roads and entrances to the above farm or from denying access to the properties to any of the Applicant's officials, agents, contractors or employees;
2.4 The Respondents are interdicted and restrained from directly or indirectly threatening and/ or intimidating and/ or harming or instructing, coaxing, cajoling or in any other manner persuading any other persons to threaten, intimidate or assault any of the Applicant's officials, agents, contractors or employees or in any other way interfering with the conduct of the Applicant's bulk sampling operations;
2.5 The Sheriff of this Honourable Court or his/ her lawfully appointed Deputy is hereby authorised and directed to give effect to paragraphs 2.1 to 2.4 above, should it be necessary and in the event that the Respondents fail to comply with paragraphs 2.1 to 2.4 above.
2.6 The Sheriff of the Court is authorised and directed to approach the South African Police Services for any assistance he/ she may deem appropriate herein.
2.7 That further or alternative relief be granted to the Applicant.
2.8 Entering for any unlawful purpose and trespassing on the property or the demarcated area allocated for the Applicant's bulk sampling operations;
2.9 Gathering at the property or within 250 meters of the demarcated area, including the Applicant's facilities, installations and machinery;
2.10 Blockading the road, and/ or the entrances to the property;
2.11 Directly or indirectly threatening and/ or intimidating and/ or harming or instructing, coaxing, cajoling or in any other manner persuading any other person to threaten, intimidate or assault any of the Applicant's employees, agents or contractors at the property.
2.12 That in the event that the 1stto 28th Respondents fail to comply with the above, the 29th to 31st Respondents are authorised and directed to take all such reasonable steps to:
2.12.1 Enforce the order above and to prevent any further such unlawful conduct;
2.12.2 Assist the Sheriff of the Court to take all reasonable steps to give effect to the order above.
2.13 Should the 29th to 31st Respondents fail to comply with the terms set out above, the Applicant is authorised to employ the services of a third party security agency in order to take all reasonable steps to enforce the order and prevent any further illegal activities."
3 That the Applicant is entitled to serve this application and all further processes and notices, including any order of this Honourable Court herein on the 3rd to 8th Respondents by way of e-mail to the addresses provided by them on 19 June 2019 as contained in annexure "SA-2" above and service in such manner be and hereby is condoned. Applicant will further service this application and order on the remaining Respondents attaching some to a notice Board at the premises.
4 That costs be reserved for determination at the hearing of the application on 26 September 2019.
VR T W