In an important judgment delivered by the High Court in the case
of Duncan Ernest Korabie v The Judicial Commission of Inquiry
into allegations of State Capture, Corruption and Fraud in the
Public Sector, including Organs of State, the court held that
the State Capture Commission's findings and recommendations
cannot be reviewed and set aside under PAJA.
Relevant facts
In terms of a settlement agreement that was concluded between
the Richtersveld community, the South African Government and
Alexkor (a state-owned company), a piece of land and its mineral
rights were given back to the community.
A company called the Richtersveld Mining Company
("RMC") was formed. RMC, in turn,
partnered with Alexkor a Pooling and Sharing Joint Venture
("PSJV") to explore the land and mining
rights.
