Wiseman v De Pinna and Others (126/85)
Wiseman v De Pinna and Others (126/85) [1985] ZASCA 100; [1986] 1 All SA 341 (A) (25 September 1985)
The Supreme Court of Appeal held that the agreement of 3 November 1980 was not a 'lease of rights to minerals in land' within the meaning of section 3(1) of the General Law Amendment Act 50 of 1956. The Court reasoned that the technical legal meaning of 'lease of rights to minerals' refers to mineral leases as understood in common law and historical statutes, not to leases of claim licences granted under mining legislation. The omission of any reference to leases of claims in section 3(1), as opposed to earlier statutes, indicated a legislative intent to exclude such agreements from the forma…
Source excerpt
- Mineral Rights
- Lease Formalities
- Notarial Attestation
- Registration Of Rights