Abstract

This note analyses the Supreme Court of Appeal judgment in Vantage Goldfields SA (Pty) Ltd & another v Arqomanzi (Pty) Ltd & others 2023 (3) All SA 667 (SCA) (‘Goldfields’). It does so with a particular focus on indirectly transferring a controlling interest under s 11 of the Mineral and Petroleum Resources Development Act 28 of 2002 (‘the MPRDA’). After putting s 11 of the MPRDA into context, the note considers previous pronouncements on the transfer of a controlling interest, such as that in the case of Mogale Alloys (Pty) Ltd v Nuco Chrome Bophuthatswana (Pty) Ltd 2011 (6) SA 96 (GSJ). This is followed by a discussion of the facts and law in Goldfields and an analytical commentary on the judgment. The note concludes that the Goldfields judgment is a welcome development that deserves praise for its pronouncements on the transfer of a controlling interest under s 11 of the MPRDA.