The High Court in Kimberley has dismissed an urgent application by a disgruntled company director seeking to block his own company from conducting mining operations near Upington.
In a judgement delivered on 5 December, Judge Mhpo Mamosebo ruled against Johannes Kruger, a director of Synchroplex (Pty) Ltd, who had alleged the company was engaging in illegal mining activities on Farm Areachap No 426.
The court dismissed the application with a punitive costs order in what appears to be a bitter battle for control within the mining company.
Kruger had approached the court urgently, seeking a supervisory interdict to prevent Synchroplex from continuing operations until it could prove it possessed the necessary statutory authorisations.
He argued that the company, which holds a mining right awarded in March 2025, was operating unlawfully on three main grounds: the absence of a valid Water Use Licence (WUL), inadequate zoning for mining activities, and failure to obtain other relevant environmental permits.
Represented by senior counsel, Kruger claimed he was acting in the public interest and fulfilling his fiduciary duties as a director. He relied heavily on reports from external experts John Maré and Geza Douglas Nagy to support his claim that the mining operations were legally non-compliant.
Court systematically rejects claims
Judge Mamosebo systematically dismantled the applicant’s arguments, accepting Synchroplex’s version that its current activities were lawful.
On the zoning dispute, the court rejected the expert opinion of town planner Nagy, who claimed the property was zoned solely for agriculture. Synchroplex produced a zoning certificate from Dawid Kruiper Municipality during proceedings, confirming that “Portion 2” of the farm, where the actual mining takes place, is designated for “Extractive Industry”.
The court noted this certificate effectively settled the zoning challenge.
ALSO READ: SIU freezes R8.4 million in assets linked to R27 million Northern Cape PPE tender
Regarding environmental compliance, Kruger had alleged Synchroplex lacked the necessary Environmental Impact Assessment (EIA) and Environmental Management Programme (EMPr) approvals. However, the company produced a valid Environmental Authorisation granted on 13 June 2024. In a replying affidavit, Kruger was forced to concede, based on advice from his own expert, that the authorisation was indeed valid.
Water licence dispute
A central element of Kruger’s case was the admitted absence of a WUL and Waste Management Licence (WML). However, the court accepted Synchroplex’s submission that neither licence is required for the specific activities currently being undertaken.
The company argued it was engaged in “dry mining” and site preparation, such as mechanical excavation and blasting, which do not involve water abstraction or hazardous waste disposal. Synchroplex testified it has applied for a WUL and will not commence activities requiring water use, such as dewatering, until the licence is granted.
Judge Mamosebo found this explanation “sensible” and consistent with the National Environmental Management: Waste Act, ruling that the current phase of operations did not trigger the threshold for a WML.
Questionable urgency
Whilst the court dealt with the matter on its merits, Judge Mamosebo criticised the urgency claimed by Kruger. The judgement noted that Kruger had threatened legal action as far back as July 2025 but only launched the application in late October.
The litigation unfolded against the backdrop of a fierce internal shareholder dispute. Synchroplex argued that Kruger’s application was not a genuine attempt to enforce the law but a strategy to exert pressure on the company ahead of pending arbitration regarding his removal as a director.
The court noted that a separate dispute regarding Kruger’s directorship is set to be arbitrated by retired Supreme Court of Appeal Judge Malan later this month.
Ultimately, the court found that Kruger had failed to make out a case for the relief sought.
ALSO READ: Report shows reasons for failing of tailings dam in Jagersfontein
