Transnet SOC Ltd v Husselman and Others (1302/2012)
Transnet SOC Ltd v Husselman and Others (1302/2012) [2012] ZANCHC 44 (21 September 2012)
The court found that Transnet, as the registered owner of the land on which the crusher-waste stockpile is situated, enjoys a presumption of ownership over the stockpile. The respondents failed to produce authentic documentation to support their claim of ownership, and the letter relied upon by Husselmann was found to be prima facie fraudulent. The respondents did not possess the necessary permits under the Minerals and Petroleum Resources Act to remove the crusher-waste, and their claim of acquisitive prescription was not substantiated by evidence of physical possession. The requirements for…
Source excerpt
- Interim Interdict
- Ownership Of Minerals
- Acquisitive Prescription
- Mineral And Petroleum Resources Act
- Title Deeds
- Forensic Document Examination