South Africa: Supreme Court of Appeal

You are here: SAFLII >> Databases >> South Africa: Supreme Court of Appeal >> 1998 >> [1998] ZASCA 33

Government of the Province of Northern Transvaal and Another v Rand Mines Ltd. (201/95) [1998] ZASCA 33 (15 May 1998)

Download original files

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,

2 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 of
Land 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 FARLAM Acting Judge of Appeal.

Smalberger       JA)
Zulman   JA)
Streicher        JA)
Melunsky         AJA) Concur.