Tharisa Minerals (Pty) Ltd v Mashamaite and Others
Case: Tharisa Minerals (Pty) Ltd v Mashamaite and Others (UM126/18)
Court: North West Division, Mahikeng, High Court of South Africa
Judge: Chwaro AJ
Date of order: 16 August 2018
Status: Finalised
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Case overview: On 15 August 2018, Tharisa Minerals (Pty) Ltd (Tharisa Minerals) brought an urgent interdict application in the North West Division, Mahikeng against the Right2Know Campaign, the Marikana Youth Development Organisation, and their members (Respondents). Tharisa Minerals sought to interdict and restrain the Respondents from, among others, “engaging in unlawful acts and/or other acts of violence or unrest or protests” outside of its operations in Marikana on 16 August 2018. The Respondents’ peaceful protest was arranged to commemorate the Marikana Massacre which took place on 16 August 2012, and it complied with the requirements of the Regulation of Gatherings Act 205 of 1993. During the evening of 15 August 2018, the Respondents instructed Power & Associates, assisted by the Legal Resources Centre, to oppose the application. Following settlement negotiations, on 16 August 2018 Chwaro AJ granted an order permitting the Respondents to proceed with their peaceful protest outside of Tharisa Minerals’ Marikana operations and directed the parties to “meaningfully engage on how to facilitate the right to peaceful assembly and association going forward.”
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Court papers:
- Urgent application (15 August 2018)
- Notice of intention to oppose (15 August 2018)
- Court order (16 August 2018)
Press release(s) and statements:
- Joint statement by the Right2Know Campaign and the Marikana Youth Development Organisation (16 August 2018)
