Millsell Chrome Mines (Pty) Ltd v Minister of Land Affairs of Republic of South Africa (in his capacity as Trustee of The Bafokeng Tribe) and Others (458/97)
Millsell Chrome Mines (Pty) Ltd v Minister of Land Affairs of Republic of South Africa (in his capacity as Trustee of The Bafokeng Tribe) and Others (458/97) [1999] ZASCA 74 (28 September 1999)
The court held that the appellant did not comply with the requirements of clause 3 of the notarial prospecting agreement and section 3(1) of the General Law Amendment Act 50 of 1956. Specifically, the appellant failed to state in a notarially executed document the date on which mining operations would commence, which was a material term of the mineral lease. Furthermore, the appellant did not communicate the exercise of the option to the lessor and other required parties within the prospecting period. The option therefore lapsed and could not be revived by subsequent conduct or waiver. Statut…
Source excerpt
- Mineral Rights Lease
- Option Exercise Requirements
- Notarial Execution
- Contractual Formalities
- Statutory Compliance