Skip to content
Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

Gertrude Shope’s enduring legacy continues to shape women’s leadership in South Africa

August 20, 2026

South Africa’s violence protection system is failing women despite progressive laws

August 20, 2026

City of Cape Town fails to prove fleet coordinator tampered with electricity meter for R1,800

August 20, 2026
Facebook X (Twitter) Instagram
Trending
  • Gertrude Shope’s enduring legacy continues to shape women’s leadership in South Africa
  • South Africa’s violence protection system is failing women despite progressive laws
  • City of Cape Town fails to prove fleet coordinator tampered with electricity meter for R1,800
  • Late partner’s parents battle surviving partner for household goods inheritance
  • Metro Police cleared of blame for Hanover Park spaza shop fire that destroyed family’s home
  • Eastern Cape schools win landmark battle against years of unlawful funding cuts
  • Legal battle erupts over disputed agreement allowing mining at Vlakfontein
  • When a R1 311 monthly levy becomes a R975 138.72 debt nobody can explain
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » Legal battle erupts over disputed agreement allowing mining at Vlakfontein
Property Law

Legal battle erupts over disputed agreement allowing mining at Vlakfontein

Motsitle Mining says its former CEO had no authority to sign the deal with Swart Risk Management. Swart Risk Management, however, maintains that its actions entitled it to continue mining.
Kennedy MudzuliBy Kennedy MudzuliAugust 20, 2026No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email
  • Motsitle Mining wants the February 2026 mining agreement with Swart Risk Management to be declared invalid.
  • Swart Risk Management bases its right to operate on months of mining activity and on how Motsitle Mining conducted itself.
  • Judge Petersen found there were genuine factual disputes and ordered that oral evidence be heard on the competing versions.

A legal battle over mining at Farm Vlakfontein 164 JP will now move to oral evidence. The High Court in Mahikeng found that it could not determine from affidavits whether Swart Risk Management was lawfully authorised to operate at the site.

Judge AH Petersen delivered judgment on 19 August 2026 in an application by Motsitle Mining – Vlakfontein Site and Chief Mushi Ezekiel Mabe. Motsitle Mining holds the preferential mining right over the property and argues that its former CEO, Charlotte Katlego Seise Ramafoko, had no authority to finalise the agreement that allowed Swart Risk Management to operate there.

Motsitle Mining says the agreement was unauthorised

Motsitle Mining says its board resolved on 23 February 2026 to remove Ramafoko as CEO because of concerns about agreements being concluded without the board’s knowledge or approval. Ramafoko does not oppose the application and confirmed that she did not have the authority to sign the disputed agreement.

The company went to the High Court seeking declarations that the 11 February 2026 agreement was invalid, unlawful and unenforceable. It also asked for an order stopping Swart Risk Management from mining and requiring it to remove its personnel and equipment from the property.

Swart Risk Management disputed the company’s version and relied on its dealings with Motsitle Mining and the community. It pointed to communications with Mabe, meetings, a draft agreement, and a sponsorship request that described it as a service provider. The company also said it had carried out open mining operations for about six months, spent more than R32 million, and employed 46 community members without any objections until March 2026.

Judge Petersen found that these circumstances raised a genuine question about whether Motsitle Mining’s conduct could support claims of apparent authority, estoppel or ratification. “Ms Ramafoko’s confirmatory affidavit is important evidence, but it is not, without more, dispositive,” the judge said.

Another agreement adds to the dispute

The case became more complicated when Phillip Diale Lekgau intervened. He claimed that the original mining arrangements were later replaced by an oral, or possibly tacit, agreement around April 2026. Under this alleged agreement, LKK Investment Holdings and Swart Risk Management were given different portions of the mining area.

Motsitle Mining disputes that such an agreement was ever finalised or authorised by its board. Petersen said this competing account created another material dispute about how Swart Risk Management acquired its claimed right to operate at the mine.

Judge sends key questions to oral evidence

Petersen dismissed preliminary objections concerning jurisdiction, arbitration, urgency, and the alleged non-joinder of the Batlhako Ba Matutu Traditional Council. The judge found that the main dispute was not about Motsitle Mining’s mining right, which all parties accepted was still in force, but rather about who was authorised to permit its exploitation.

The judge found there were two factual questions that could not fairly be resolved on paper. The first was whether Ramafoko had authority to conclude the February agreement or whether it was later ratified. The second was whether the alleged April oral or tacit agreement existed and was authorised by Motsitle Mining.

Petersen said both disputes could be resolved through focused oral evidence rather than forcing the parties to start new proceedings. “Nothing would be served by striking the matter from the roll only for it to return,” the judge said, noting the ongoing depletion of a finite mineral resource.

The affidavits will serve as evidence-in-chief, and the parties will be allowed to call and cross-examine witnesses. The court has ordered discovery and a pre-trial conference, and the status of Lekgau’s counter-application will be decided together with the referred issues. Costs have been reserved.

Conviction.co.za

Get your news on the go. Click here to follow the Conviction WhatsApp channel.

Contract Law Corporate law High Court Mining law North West
Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

Related Posts

When a R1 311 monthly levy becomes a R975 138.72 debt nobody can explain

August 19, 2026

Homeowner fights estate bid to tear down roof and impose R3.7 million penalty

August 19, 2026

Can an adjudicator decide a dispute that was never referred to him?

August 17, 2026
Leave A Reply Cancel Reply

Prove your humanity: 9   +   10   =  

Subscribe to our newsletter:
Top Posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024

Irregular levy increases, mismanagement, and legal threats in a sectional title scheme

June 2, 2025
Don't Miss
Opinion
4 Mins Read

Gertrude Shope’s enduring legacy continues to shape women’s leadership in South Africa

By Dr Lefatshe MoagiAugust 20, 20264 Mins Read

Dr Lefatshe Moagi examines how Gertrude Shope’s legacy continues to inspire women’s leadership, peacebuilding, and the pursuit of gender equality in South Africa.

South Africa’s violence protection system is failing women despite progressive laws

August 20, 2026

City of Cape Town fails to prove fleet coordinator tampered with electricity meter for R1,800

August 20, 2026

Late partner’s parents battle surviving partner for household goods inheritance

August 20, 2026
Stay In Touch
  • Facebook
  • Twitter
  • WhatsApp
Demo
About Us
About Us

Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

Facebook X (Twitter) YouTube WhatsApp Twitch RSS
Latest posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024
OUR PICKS

Eskom ordered to tackle Kusile pollution with urgent 30-day environmental action plan

August 17, 2026

Pretoria court registrar who issued fraudulent court orders struck off legal roll

August 17, 2026

Bliss Brands must withdraw Securex packaging nationwide within 15 working days

August 15, 2026
© 2026 Conviction.
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Type above and press Enter to search. Press Esc to cancel.

Powered by
►
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
►
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
►
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
►
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
►
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by