- Tsodilo wants Court to impose a period of imprisonment upon Moagi
- Also wants the Minister fined for every day that the judgment remains unsatisfied
Canadian mining junior Tsodilo Resources has filed a request with the High Court for a temporary order, demanding Minerals and Energy Minister Lefoko Moagi to provide an explanation for his non-compliance with a court judgment issued against his ministry late last year.
The request seeks clarification on why Minister Moagi should not be held in contempt of court.
The said court had ruled that Moagi’s decision to reject the application for the renewal of Tsodilo’s prospecting license by Tsodilo’s subsidiary, Gcwihaba, was illegal, unreasonable and irrational and ordered Moagi to renew the license within 14 days and to align the effective dates of contiguous license.
As such, Tsolido’s application seeks to have the High Court declare that Moagi is in contempt of court and that he be fined for every day that the judgment remains unsatisfied.
Tsodilo states that if Moagi fails to comply with the court order, it impose a period of imprisonment upon Moagi, suspended on conditions deemed appropriate by the court.
The company also calls on the court to enforce that Moagi cover its ongoing legal costs that have been incurred owing to this matter.
In fact the papers state that the company is “Calling upon the First Respondent (Moagi) to show cause why he ought not to be held in contempt of court by reason of his failure to comply with the judgment of this court dated 15 December 2023.”
ln particular the company states that Moagi failed “to renew, vvithin 14 days of the judgment, the Applicant’s (Gcwihaba) license (020/2018); and to align the effective dates of contiguous licenses PL 021-026/2018 with that of the renewed license.”
The company also wants the court to declare that Moagi is found to be in contempt of the judgment of this court as handed down on 15 December 2023 and “Imposing a fine on the First Respondent (Moagi), such as this court may deem appropriate for every day that the judgment remains unsatisfied.”
The company is also calling on the court to impose “a period of imprisonment, such as this court may deem appropriate, on the First Respondent, suspended on conditions deemed appropriate by this court.”
In the judgement in question, the High Court ordered that; “The decision of the 1st respondent rejecting the application tor renewal of the Applicant’s (Gcwihaba) prospecting license (020/2018) is illegal, unreasonable and or irrational; The decision of the 1st respondent rejecting the application for the renewal of the Applicant’s prospecting license (020/2018) is hereby set aside; The 1st respondent is ordered and directed to renew within 14 days of this order, the applicant’s license (020/2018) subject only to justifiable safeguards necessary for the protection of the heritage area.”
The said judgement also explained that: “Such safeguards are not to include any further demand for reduction or shifting of the license area or its coordinates.”
