A recent judgment in the North Gauteng High Court, Pretoria has
caused more than ripples amongst the mining community. The ruling
has the effect of imposing liabilities in terms of directives
issued by agencies, such as the Department of Environmental and
Water Affairs, with no prospects of later excusing oneself from
that liability. Basically, you can run, but you can't hide.
In light of the decision of Harmony Gold Mining Company
Limited v The Regional Director: Free State, Department of Water
Affairs and six others, dated 29 June 2012, it is currently
good law that the liability for environmental degradation cannot be
sold. As such a party continues to be liable for remediation in
terms of a directive issued to it by a relevant authority until
such person has fully discharged the obligations in terms of
