{"issue_text":"Whether the urgent chamber application for provisional interdict should be granted","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant has certificate of registration; 1st respondent continued mining after appeal; mineral resources are finite"}
{"issue_text":"Whether the appeal was properly lodged with the High Court rather than the Minister","issue_type":"procedural","dispositive":"no","related_facts":"Mining Commissioner acted under s 50 of the Act; applicant appealed under s 361"}
{"issue_text":"Whether the appeal was filed out of time","issue_type":"procedural","dispositive":"no","related_facts":"Ruling served 19 January 2018; appeal noted 22 March 2018; no condonation application"}
{"issue_text":"Whether the matter is urgent","issue_type":"procedural","dispositive":"no","related_facts":"Appeal noted 22 March 2018; application filed 3 April 2018"}
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background
Facts of the Case
Background
A dispute arose between the applicant and 1st respondent over chrome mining claims known as Mackenzies 11 in Lalapanzi. Both parties hold certificates of registration for the same claims. The Mining Commissioner ruled in favour of the 1st respondent on 19 January 2018 and proposed cancellation of the applicant's certificate. The applicant noted an appeal to the High Court on 22 March 2018 and sought an interim interdict to stop the 1st respondent from continuing mining operations pending the appeal.
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