Government of the Province of Northern Transvaal and Another v Rand Mines Ltd. (201/95) [1998] ZASCA 33 (15 May 1998)
The Supreme Court of Appeal held that the reservations of rights to minerals in the certificates, specifically regarding granite and marble suitable for use as dimension stone, were clear and unambiguous. The Court found that the respondent was entitled to the reserved rights as stated in the certificates. The...
Source-derived case information.
- Citation
- [1998] ZASCA 33
- Parties
- Appellant: Government of the Province of Northern Transvaal; Appellant: Lebowa Mineral Trust; Respondent: Rand Mines Limited
- Court
- Supreme Court of Appeal
- Jurisdiction
- South Africa
- Case Number
- 201/95
- Procedural Posture
- Civil Appeal / Appeal From Judgment of Transvaal Provincial Division
- Outcome
- Appeal dismissed with costs, including costs occasioned by the employment of two counsel.
- Judges
- Smalberger, Zulman, Streicher, Melunsky, Farlam
- Legal Topics
- Mineral Rights Reservation, Interpretation of Certificates, Dimension Stone Rights
Source-derived case record
Summary, issues, holding and outcome
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Parties
Government of the Province of Northern Transvaal
Appellant
Lebowa Mineral Trust
Appellant
Rand Mines Limited
Respondent
Procedural Posture
Civil Appeal / Appeal From Judgment of Transvaal Provincial Division
Legal Issues
- 1 Whether the rights to granite and marble suitable for use as dimension stone were reserved in favour of the respondent in the certificates of rights to minerals for the specified farms.
- 2 Whether the reservation wording in the certificates confers exclusive rights to the respondent.
Ratio Decidendi
The Supreme Court of Appeal held that the reservations of rights to minerals in the certificates, specifically regarding granite and marble suitable for use as dimension stone, were clear and unambiguous. The Court found that the respondent was entitled to the reserved rights as stated in the certificates. The appeal was dismissed for the reasons set out in the simultaneously handed down judgment in Minister of Land Affairs v Rand Mines Ltd, which dealt with identical wording and issues.
Court Disposition
Appeal dismissed with costs, including costs occasioned by the employment of two counsel.
Orders
- The appeal is dismissed.
- The appellants are ordered to pay the costs of the appeal, including the costs occasioned by the employment of two counsel.
Full Case Text
Judgment text and source record
41 paragraphs
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REPUBLIC OF SOUTH AFRICA
THE SUPREME COURT OF APPEAL
OF SOUTH AFRICA
Case No 201/95
In the matter between :
THE GOVERNMENT OF THE
PROVINCE OF NORTHERN TRANSVAAL
First Appellant
THE LEBOWA MINERAL TRUST
Second Appellant
!
and
RAND MINES LIMITED
Respondent
Coram:
Smalberger, Zulman, Streicher, JJA et Melunsky, Farlam
AJJA.
Heard:
9, 10 and 11 March 1998
Delivered: 15 May 1998
JUDGMENT
FARLAM AJA,
2FARLAM AJA
FARLAM AJA
This is an appeal from a judgment of Mynhardt J, sitting in the Transvaal Provincial Division, who found that the rights to granite and marble suitable for use as dimension stone were reserved in favour of respondent in the certificates of rights to minerals in respect of the farms Grootvygenboom 248 and De Kom 252 in the district of Lydenburg.
The appeal was argued together with the case of The Minister ofLand affairs v Rand Mines Ltd an appeal from a judgment of Comrie J,sitting in the Bophuthatswana Provincial Division. In that case
reservations of rights to minerals in terms which are to all intents and purposes identical to those in this case were considered. For the reasons given in the judgment in that case, which is being handed down simultaneously with this one, the appeal in this case is dismissed, together
3 with the costs occasioned by the employment of two counsel.
IG FARLAMActing Judge of Appeal.
Acting Judge of Appeal.
Smalberger
JA)
Zulman
Streicher
Melunsky
AJA) Concur.