Question 1 (a) (i)
As at 31 August 2016 the number of outstanding appeals are 957.
Question 1 (a) (ii)
At 1 April 2016, the number of outstanding appeals were 943.
Question 1 (b)
The following number of appeals were final ised in the months as indicated
April 2016 - 4 Appeals
(i) Appeals granted - 1
(ii) Appeals dismissed - 3
May 2016 - 6 Appeals
(i) Appeals Granted - 4
(ii) Appeals Dismissed – 2
June 2016 - 31 Appeals
(i) Appeals granted - 27
(ii) Appeals dismissed - 4
July 2016 - 20 Appeals
(i) Appeals granted - 10
(ii) Appeals dismissed – 10
August 2016 - 10 Appeals
(i) Appeals granted - 4
(ii) Appeals dismissed – 6
Question 2(a)
Considering the timeframes provided for in Regulation 74, it takes approximately 120 days to process and finalise internal appeals in the prescribed manner. The attainment of this period is dependent on the number of appeals received during a given period as well as the complexity of such appeals and capacity constraints. The 2010 Constitutional Court judgment in Bengwenyama held that internal remedies must be exhausted before judicial review proceedings may be instituted. This led to the lodgement of significantly more appeals than before as more applicants were required to exercise internal remedies.
Question 2(b)
Action Plans:
• There is continuous liaison with internal and external parties involved to expedite conclusion of the Regulation 74 process which appears to be yielding positive results.
• From time to time, the Office of the State Attorney is requested to assist with the finalisation of certain appeals.
• While implementing the above measures, historic appeals are prioritised.
• Draft regulations to significantly streamline the appeal process has already been formulated and is to be promulgated soon.
Approved/not approved
Mr MJ Zwane, MP
Minister of Mineral Resources
Date Submitted:-.. . .... ....... . .. ./. .. ......... ..... ./2016