Introduction

[1] This case concerns the interpretation and application of the transitional provisions of the Mineral and Petroleum Resources Development Act (MPRDA) which came into force on 1 May 2004. The matter comes before this Court as an application for leave to appeal against an order issued by the Supreme Court of Appeal.

[2] The applicants are the Minister of Mineral Resources (Minister); the Director-General of the Department of Mineral Resources (Director-General); the Deputy Director-General: Mineral Regulation, Department of Mineral Resources (Deputy Director-General); the Regional Manager, Northern Cape Region, Department of Mineral Resources (Regional Manager); and Imperial Crown Trading 289 (Pty) Limited (Imperial Crown). They cite as first and second respondents Sishen Iron Ore Company (Pty) Limited (Sishen) and ArcelorMittal South Africa Limited (AMSA).