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