Mining

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On 24 March 2025, the Constitutional Court upheld the appeal of Ekapa Minerals (Pty) Ltd and set aside the order of the High Court. The appeal related to whether the Constitutional Court could interfere with the High Court’s exercise of its true discretion under section 172(1)(b) of the Constitution by deciding to grant a retrospective…

An insured lead mining company settled a pollution suit for $55 million without inviting the insurer to participate in the deal. The insurer was therefore not liable to pay the claim.

According to the policy, the insured was required to consult the insurers in settling claims. Although the insured advised the insurer that mediation to…