Trojan Exploration Company Proprietary Ltd. and Another v Rustenburg Platinum Mines Ltd. and Others (609/94)
Trojan Exploration Company Proprietary Ltd. and Another v Rustenburg Platinum Mines Ltd. and Others (609/94) [1996] ZASCA 74; 1996 (4) SA 499 (SCA); [1996] 4 All SA 121 (A); (31 May 1996)
The Supreme Court of Appeal held that the rights to precious metals and base metals, as split in the 1966 cession, must be interpreted according to their ordinary meaning and the common law. The holder of precious metals rights may mine ore containing base metals, but is not entitled to appropriate and sell the base metals for its own exclusive benefit. Co-ownership arises upon severance of ore containing both types of minerals, and the rights of each holder must be exercised civiliter modo. The mixing of ores and subsequent sale by the precious metals holder does not extinguish the base meta…
Source excerpt
- Mineral Rights
- Co Ownership Of Minerals
- Interpretation Of Mining Cessions
- By Products In Mining
- Statutory Interpretation
- Commixtio