- Verdwaal Land Rights Holders wanted Sephaku’s mining operations stopped urgently.
- The court found the applicants delayed after giving Sephaku a 14-day deadline.
- The land rights and compensation dispute can still proceed through the ordinary court process.
The High Court in Mahikeng has dismissed an urgent attempt by the Verdwaal Land Rights Holders to stop Sephaku Development’s mining operations, saying the community’s own delay meant the case was not urgent.
Judge J Reddy found that the applicants gave Sephaku 14 days to respond to their demands, but then waited several more weeks before approaching the court. The judge ruled that the delay undermined their claim that the matter required immediate intervention.
Community wanted mining halted
The application was brought by the Verdwaal Land Rights Holders, together with Rapaseka Pako Matshogo, Phumzile Mnisi, and Phillip Molatudi, who claim informal land rights over Portion 2 of the Farm Verdwaal No. 57 IO in North West.
They asked the court to stop Sephaku’s mining operations until the company complied with a 2017 Memorandum of Understanding, appointed an independent valuator, and paid outstanding compensation and lease rentals. The application also sought the enforcement of social and labour commitments and compensation dating back to 2013.
A dispute that has lasted for years
The applicants argued that their land rights existed before Sephaku received its mining right in 2008. They said mining began in 2013 and that agreements reached in 2017 to compensate affected land rights holders had never been honoured.
In July 2026, the community activated the dispute resolution process contained in the Memorandum of Understanding by sending a formal grievance to Sephaku.
The 14-day deadline became the turning point
A letter sent on 17 July 2026 became central to the case. In it, the applicants warned Sephaku that if no satisfactory response was received within 14 days, they would launch an urgent court application without further notice.
That deadline expired at the end of July, but no application was filed. Instead, the applicants waited until 20 August 2026 before going to court. Judge Reddy said the unexplained delay showed that the urgency had been created by the applicants themselves.
“The applicants allowed that self-imposed deadline to lapse without explanation, only to resurrect the threat some three weeks later,” Judge Reddy said.
The judge added that an ongoing dispute does not automatically make a matter urgent if the parties have delayed taking action.
Compensation fight is not over
Importantly, Judge Reddy did not decide whether the community is entitled to compensation or whether Sephaku breached the 2017 agreements.
Instead, the court removed the matter from the urgent roll, meaning the land rights and compensation dispute may still be pursued through the ordinary court process.
The applicants were also ordered to pay Sephaku’s legal costs, including the costs of two counsel where employed.
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