[miningmx.com] — THE legal wrangle over the mineral rights of Kumba Iron Ore’s Sishen mine is set to continue in the Supreme Court of Appeal.
The North Gauteng High Court on Friday granted both Imperial Crown Trading (ICT) and the Department of Mineral Resources (DMR) leave to appeal against the judgment made in December where Judge Raymond Zondo had set aside a 21.4% prospecting right awarded to ICT.
Zondo found at the time that Sishen Iron Ore Company (Sioc) was awarded a 100% new order right on the mine when it earlier applied for the conversion of 78.4% old order right, giving it the exclusive right to mine iron ore and quartzite at the property.
“The High Court has granted both the DMR and ICT leave to appeal against its judgment to the Supreme Court of Appeal,” read a statement issued by Kumba.
“The High Court also granted Sioc leave to conditionally cross appeal against the judgment.”
Edmund Wessels, a member of ICT’s legal team, told Miningmx the Supreme Court is likely to only make its judgment in the first half of 2013.
ArcelorMittal SA was the owner of the 21.4% old order right before it lapsed on April 30, 2009. The steelmaker also had a supply agreement with Sishen for 6.25 million tonnes of iron ore at cost plus three percent.
This supply agreement is now the subject of separate arbitration proceedings following the lapse of the old order right.
