minister of water affairs and forestry v stilfontein gold

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Ra Le Sueur V Ethekwini Municipality 2013 Jdr 0178 (Kzp): an ...

Minister of Water Affairs and Forestry v Stilfontein Gold Mining Co Ltd 2006 5 SA 333 (W) and Harmony Gold Mining Co Ltd v Regional Director: Free State, Department Water Affairs and Forestry 2006 JDR 0465 (SCA) 10. For example, Mankayi v Anglogold Ashanti Ltd 2011 3 SA 237 ...

KING IV AN OVERVIEW - Cliffe Dekker Hofmeyr

(SABC v Mpofu 2009), and where it has referred to those principles as a yardstick against which the conduct of directors should be measured in the context of their fiduciary duties (Minister of Water Affairs and Forestry v Stilfontein Gold Mining Company 2006). Up until 1 November 2016, the applicable code was King III.

Corporate Power, Human Rights and Urban Governance in South African ...

Minister of Local Government, Environmental Affairs and Development Planning, Western Cape v Habitat Council 2014 4 SA 437 (CC) Minister of Water Affairs and Forestry v Stilfontein Gold Mining Company 2006 5 SA 333 (W) Occupiers of 51 Olivia Road, Berea Township v City of Johannesburg 2008 3 SA 208 (CC)

InfoUpdate , 12 January 2007 - Notice Board - lawlibrary

Company disobeying court order to comply with environmental laws - Minister of Water Affairs and Forestry v Stilfontein Gold Mining Co Ltd and Others 2006(5) SA 333(W) Contracts Remedies for breach of contract - Masterspice (Pty) Ltd v Broszeit Investment CC 2006(6) SA 1 (SCA) CLISB - v.24(4), p.89

A Note Analysing the Decision of Harmony Gold Mining Company Ltd V ...

It is the court's reasoning that the parties are made to seek an agreement 41 Minister of Water Affairs and Forestry v Stilfontein Gold Mining Co Ltd and Others 2006 5 SA 333 (W). 42 Ibid, 348F-G. 43 Harmony Gold (note 4 above ) 24. 44 F Soltau 'The National Environmental Management Act and Liability for Environmental Damages' SAJELP ...

Mass resignation of the board and social responsibility of ... - ConCourt

Taljaard, Z. Journal Title : South African Mercantile Law Journal. Citation : (2009) 21 SA Merc LJ 420. S.A. Cases Cited : Minister of Water Affairs and Forestry v Stilfontein Gold Mining Co Ltd 2006 (5) SA 333 (W) Subject : Company law - Directors - Fiduciary duty.

The Interpretation and Application of Principles of Corporate ...

Minister of Water Affairs and Forestry v Stilfontein Gold Mining Co Ltd [2006] (5) SA 333 (w). 13. Minister of Water Affairs and Forestry v Stilfontein Gold Mining Co LTD [2006] (5) SA 333 (W). 14. Phillips v Fieldstone Africa (Pty) Ltd [2004] SA (3) 465 (SCA). xiv 15. Polly Peck International Plc v Asil Nadir [1992] 2 Lloyd's Rep. 238.

MINISTER OF WATER AFFAIRS AND FORESTRY v STILFONTEIN GOLD MINING ...

Judgment: The court noted that after Goldstein J made an order compelling SGM to comply with the directives, they decided to launch an application for the winding-up of the company. This application was lodged and opposed by certain intervening parties. Thereafter, the respondents simply abandoned this application, filing no papers resisting the...

Current Commercial Cases 2007 - Stellenbosch University

peterson n.o. v claassen18 minister of water affairs and forestry v stilfontein gold mining co ltd 20 twk agriculture ltd v nct forestry co-operative ltd 21 ... ltd v minister of trade and industry of the republic of south africa 65 mutual and federal insurance company v chemalum (pty) ltd 66 ...

The Duty to Act in the Best Interests of the Company - The ... - 1Library

82 Minister of Water Affairs and Forestry v Stilfontein Gold Mining Co Ltd 2006 (5) SA 333 (W) at 351. In this instance, the company had been cited for violating its environmental obligations under section 24 of the Constitution of the Republic of South Africa and the court stressed that allowing such a resignation would make it

Harmony Gold Mining Co Ltd v Regional Director: Free State ... - InforMEA

Harmony Gold Mining Co Ltd v Regional Director: Free State, Department Water Affairs and Forestry. Civil Case No 68161/2008 Harmony Gold Mining Co Ltd v Regional Director: Free State, Department Water Affairs and Forestry. ... Stilfontein and Hartebeesfontein) is not constantly and adequately pumped out it will flow down to the two active mines ...

A South African Perspective: the Modern Company and Corporate ...

8 Minister of Water Affairs and Forestry v Stilfontein Gold Mining Company Limited 2006 ZAGPHC 47. 9 Ibid para 16.7. See also John Plender 'Shareholders are being dethroned as rulers of value' available at

KEBBLE v MINISTER OF WATER AFFAIRS (2007) JDR 0872 (SCA)

Respondent: Minister of Water Affairs Facts The directors of the Stilfontein Gold Mining Company (SGM) had been held in contempt of court for failing to comply with a court order relating to a directive that had been issued by the Regional Director of the Department of Water Affairs and Forestry, Free State.

King IV Commenting Platform

and diligence (e.g. Minister of Water Affairs and Forestry v Stilfontein Gold Mining Company Limted and Others (7655/05, 7655/05) [2006] ZAGPHC 47 (15 May 2006); South African Broadcasting Corporation Ltd and Another v Mpofu [2009] 4 All SA 169 (GSJ). Given this realistic possibility of the practices in the Code being picked up into binding

International Corporate Governance | Sturm College of Law

Minister of Water Affairs & Forestry v. Stilfontein Gold Mining Company, 2006 (5) SA 333 (W) » Morrison v. Nat'l Austl. Bank Ltd., No. 07-0583-cv, 2008 U.S. App. LEXIS 21986, (2d Cir. 2008) » back to top »

Case Three - Aspasa

Another defence of the first respondent was that, due to its financial status, it was unable to comply With the Upon investigation Of its financial status, the Court found that 'the first respondent was perfectly capable, financially, to comply'. as The last defence Of the respondents was that the second to fifth respondents had rc- signed as th...

Corporate Social Responsibility in The Mining Indu

Zambia: independent environmental regulator, the Zambia Environmental Management Agency ("ZEMA"). 86 See, for example, Minister of Water Affairs and Forestry v Stilfontein Gold Mining Company Limited & Others 2006 (5) SA 333 (W), Harmony Gold Mining Company Ltd v Regional Director: Free State, Department of Water Affairs and Forestry 2006 ...

Harmony Gold Mining Company Limted v Regional Director Free State ...

Gold Mining Co Ltd v Regional Director: Free State, Department Water Affairs and Forestry [2006] SCA 65 (RSA) _____ J U D G M E N T _____ HOWIE P. HOWIE P [1] Appellant, Harmony Gold Mining Company Limited, is one of five gold mining companies with mines in the Klerksdorp - Orkney - Stilfontein - Hartebeesfontein (KOSH) basin of North ...

Minister of Water Affairs and Forestry v Stilfontein Gold Mining ...

dc.date.accessioned: 2017-04-08T17:06:32Z: dc.date.available: 2017-04-08T17:06:32Z: dc.date.created: 2006-05-25: en: dc.identifier.uri: ...

Mass resignation of the board and social responsibility of the company ...

Just as one might accept an appointment as a director, so one can also resign as a director. When a person becomes a director of a company, it is commonly accepted that he or she owes a fiduciary duty to the company to act bona fide and in the best interests of the company (see generally, Robinson v Randfontein Estates Gold Mining Co Ltd 1921 AD 168; S v De Jager & Another 1965 (2) SA 616 (A ...

GIBS - BOARD LEADERSHIP CORE PROGRAMME - Microsoft

Minister of Water Affairs & Forestry v Stilfontein Gold Mining Company Ltd and others (Gauteng, Johannesburg -2006). •King -keep CEO and CFO positions separate Mbethe v United Manganese of /Kalahari (Pty) Ltd (Gauteng, Johannesburg -2016). EXAMPLES OF THE COURTS ENDORSING THE KING REPORTS' PRINCIPLES

Vonnisbespreking: Statutêre aandeelhouersbeskerming: die ... - LitNet

The reluctance of the judiciary to interfere with internal company matters and affairs was also discussed and confirmed. ... n geheel verskuldig (Delport en Vorster 2011: 298(3); Minister of Water Affairs and Forestry v Stilfontein Gold Mining Co Ltd ... en gebonde aan meerderheidsbesluitneming (Sammel v President Brand Gold Mining Co Ltd 1969 ...

The Regulation of Acid Mine Drainage in South Africa: Law and ...

Minister of Water Affairs and Forestry v Stilfontein Gold Mining Co Ltd 2006 5 SA 333 (W) Minister of Water Affairs and Forestry v Stilfontein Gold Mining Company Limited 2006 ZAGPHC 47 (15 May 2006) Legislation . Constitution of the Republic of South Africa, 1996 .

Margaret Water Company • Stilfontein • Noordwes • - Tuugo

Then we received a water bill for £1,625.54 compared with our normal £40... MONEY ADVICE DEAR MARGARET: Our water company is trying to soak us for £3,300 ... Manager at Margaret Water Company. Past. Engineering Manager at Buffelsfontein Gold Mine ... Margaret Water Company.

The protection of stakeholders: The South African social and ... - SciELO

5 See also Minister of Water Affairs and Forestry v Stilfontein Gold Mining Co Ltd 2006 5 SA 333 (W) where it seems if the courts are holding directors liable if they do not comply with King (in this case, King II) stating that that in itself can result in a breach of the duty to act with care, skill and diligence.

Duties of Directors - Deloitte

the company (and the directors) was noted in Minister of Water Affairs and Forestry v Stilfontein Gold Mining Company Limited and others 2006 Preface // 05 (5) SA 333 (W), emphasising the broader responsibility of the directors and the company. In this case the court made direct reference to the King Code, which is

Reducing mine closure liability with ESG in mind - WhyAfrica

The seriousness of rehabilitation is noted in Minister of Water Affairs and Forestry v Stilfontein Gold Mining Company Ltd and Others (Stilfontein case), where the respondents were ordered to undertake the costs of continuing to pump underground mine water out of a liquidated mine. If this water was not pumped, it would cause significant ...

Long live the King - Bizcommunity

However, the high court has considered King to be binding to state-owned enterprises (SABC vs Mpofu 2009), and where it relates to the fiduciary duties of directors (Minister of Water Affairs and ...

COMPLIANCE NOTICES - A NEW TOOL IN ENVIRONMENTAL ENFORCEMENT LA Feris 1 ...

See Minister of Water Affairs and Forestry v Stilfontein Gold Mining Company Unreported case no 2005/7655 (W) 14.4. Non-compliance with the court order could in turn lead to a contempt of court order and a fine. See generally Minister of Water Affairs and Forestry v Stilfontein Gold Mining Company Ltd Unreported case no 2005/7655 (W).

A Legal Analysis of The Regulation and Use of Technology to ... - Adjuris

and Ethics Committee', 16(1), Potchefstroom Electronic Law Journal/PELJ (2013), pp. 165-199; Minister of Water Affairs and Forestry v Stilfontein Gold Mining Company 2006 ZAGPHC 47, paras 16.7-16.9, the court noted that one of the characteristics of good governance is social responsibility. This case dealt with the issue of preventing water ...

Acid Mine Drainage and its Governance - in the Gauteng City-Region ...

Water and gold entwined The quality and quantity of available water has afflicted gold mining on the Witwatersrand from its earliest days (Leyds, 1964 and Adler et al., 2007). There is an intrinsic link between the excavation of gold and the use of water, which became stronger as mining went to deeper levels.

PER 2006 (3) Feris - article

Water Affairs and Forestry v Stilfontein Gold Mining Company . Unreported case no 2005/7655 (W) 14.4. Non-compliance with the court order could in turn lead to a contempt ... Minister of Water Affairs and Forestry v Stilfontein Gold Mining Company Ltd . Unreported case no 2005/7655 (W). The EMI may thus issue a so-called 'pre-compliance notice ...

(PDF) To be or not to be? The Role of Private Enquiries in the South ...

This article analyses the role of the so-called private examinations in our South African insolvency law and deals with the question of whether or not section 417 of the Insolvency Act (Act 24 of ...

ju_samlj_v21_n3_a9.pdf - Mass Resignation of the Board and...

The case of Minister of Water Affairs and Forestry v Stilfontein Gold Mining Co Ltd & Others(2006 (5) SA 333 (W)) involved an attempt to ensure that a company and its directors could not ignore its environmental obligations with impunity by resigning en masse.

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA - Southern African Legal ...

MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANGLOGOLD ASHANTI LTD SIMMER AND JACK MINES LTD SIMMER AND JACK INVESTMENTS (PTY) LTD STILFONTEIN GOLD MINING COMPANY LTD (IN LIQUIDATION) Case No: 971/12 Reportable APPELLANT FIRST RESPONDENT SECOND RESPONDENT THIRD RESPONDENT

The Corporate Governance Review: South Africa - Lexology

Mpofu [2009] 4 All SA 169 (GSJ) and Minister of Water Affairs and Forestry v. Stilfontein Gold Mining Co Ltd 2006 (5) SA 333 (W). 29 Companies Regulations, 2011, Regulation 43.

The Companies Act 71 of 2008 and the disclosure of and rights of ... - TIB

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Professionals: Healthcare » Press Room > Redressing Mine Closure ...

The only portal providing a gateway to the healthcare insurance industry of South Africa.

Driving Corporate Social Responsibility (CSR) through the Companies Act ...

Land and Agricultural Bank of South Africa v Parker 2005 2 SA 77 (SCA) Minister of Water Affairs and Forestry v Stilfontein Gold Mining Company 2006 5 SA 333 (W) Register of legislation . Broad-Based Black Economic Empowerment Act 53 of 2003 . Companies Act 61 of 1973 . Companies Act 71 of 2008 . Consumer Protection Act 68 of 2008

NORTH WEST HIGH COURT, MAFIKENG - Southern African Legal Information ...

[16] In the case of Minister of Water Affairs and Forestry v Stilfontein Gold Mining Co Ltd & Others 2006 (5) SA 333 (W), the applicant sought a contempt of court order against the first to the fifth respondents for failing to comply with an order of the Court. The second to fifth respondents were