Anthonissen en Anders v Minister van Minerale Hulp-Bronne en Anders (1759/2010) [2012] ZANCHC 56 (12 October 2012)

Anthonissen en Anders v Minister van Minerale Hulp-Bronne en Anders (1759/2010) [2012] ZANCHC 56 (12 October 2012)

The court found that the central dispute is whether AMMOSAL abandoned its ownership of the residual manganese ore. Conflicting statements from AMMOSAL directors created a material dispute of fact that could not be resolved on the papers. No affidavits from AMMOSAL representatives were filed to clarify the company's position. The court held that the applicants could not have foreseen this dispute, as the contradictory letter only emerged during the filing of opposing papers. In the interests of justice, the matter was referred to oral evidence to resolve the single issue of ownership. No costs order was made, with costs reserved for later determination.

Citation
[2012] ZANCHC 56
Parties
Applicant: Ebenhaeser Zikmann Anthonissen; Applicant: Anna Sophia Anthonissen; Applicant: FMC Minerals BK; Respondent: Minister van Minerale Hulp-Bronne; Respondent: Die Streekbestuurder, NK Provinsie: Departement van Minerale Hulp-Bronne; Respondent: Assmang Beperk; Respondent: Sebilo Resources (Edms) Bpk
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
12 October 2012
Case Number
1759/2010
Procedural Posture
Civil Application / Referral for Oral Evidence on Disputed Ownership
Outcome
Application postponed sine die and referred to oral evidence on the issue of ownership of the residual manganese ore.
Judges
Lacock, R
Legal Topics
Ownership of Mineral Rights, Abandonment of Property, Referral to Oral Evidence
Land and Property Civil Procedure Ownership of Mineral Rights Abandonment of Property Referral to Oral Evidence

Case Brief

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Parties

Ebenhaeser Zikmann Anthonissen

Applicant

Anna Sophia Anthonissen

Applicant

FMC Minerals BK

Applicant

Minister van Minerale Hulp-Bronne

Respondent

Die Streekbestuurder, NK Provinsie: Departement van Minerale Hulp-Bronne

Respondent

Assmang Beperk

Respondent

Sebilo Resources (Edms) Bpk

Respondent

Procedural Posture

Civil Application / Referral for Oral Evidence on Disputed Ownership

Legal Issues

  1. 1 Whether AMMOSAL abandoned its ownership of the residual manganese ore on the property Perth No. 276.
  2. 2 Whether the applicants became owners of the residual manganese ore upon registration of the property.
  3. 3 Whether the second respondent lawfully issued a mining permit to the fourth respondent.

Ratio Decidendi

The court found that the central dispute is whether AMMOSAL abandoned its ownership of the residual manganese ore. Conflicting statements from AMMOSAL directors created a material dispute of fact that could not be resolved on the papers. No affidavits from AMMOSAL representatives were filed to clarify the company's position. The court held that the applicants could not have foreseen this dispute, as the contradictory letter only emerged during the filing of opposing papers. In the interests of justice, the matter was referred to oral evidence to resolve the single issue of ownership. No costs order was made, with costs reserved for later determination.

Court Disposition

Application postponed sine die and referred to oral evidence on the issue of ownership of the residual manganese ore.

Orders

  • The application is postponed sine die.
  • The following issue is referred to oral evidence: Whether The Associated Manganese Mines of South Africa Limited abandoned its ownership of the residual manganese ore on Perth No. 276, Kuruman, Northern Cape, or remains the owner thereof.