THE SUPREME COURT OF APPEAL
REPUBLIC OF SOUTH AFRICA
| Wasserman Bate Trust and another v The Premier, Free State Provincial Government | |
|
|
|
| Supreme Court of Appeal -384/03 | Hearing date: 17 September 2004 |
| Judgment date: 29 September 2004 | |
Interpretation and application of a Road Ordinance (Free State) authorising a provincial authority to enter upon and take possession of land for the purpose of excavating for and removing road-building materials - the acquisition and nature of such rights - whether a separate preceding act of expropriation necessary. |
|
Media Summary
of Judgment |
|
From: The Registrar, Supreme Court of Appeal Please note that the media summary is intended for the benefit of the media and does not form part of the judgment of the Supreme Court of Appeal On 29 September 2004 the Supreme Court of Appeal handed down judgment in The Wasserman Bate Trust and Wascon Siviel CC v The Premier, Free State Provincial Government. The SCA dismissed the appeal brought by the above mentioned Trust and Close Corporation against a judgment of the Bloemfontein High Court refusing an application by them for an order interdicting the Provincial Government from mining for and removing from the remainder of the farm Springfield 261, district Bloemfontein, stone, gravel, sand, lime or any other road construction or maintenance material other than from an existing small fenced-off quarry. The dispute between the parties concerned gravel reserves on the property in question. Wouter Wasserman, a civil construction contractor is the only trustee of the Trust and the only member of the CC. During 1999 the Trust purchased the property in question for an amount of R100 000-00 and claimed the unfettered right to exploit it. The Provincial Government claimed that in 1990 it acquired the rights to mine for and remove road construction materials in terms of the provisions of a Roads Ordinance. The property in dispute is gravel-rich and it is estimated that it contains approximately 1, 200 000 m 3 of gravel worth approximately R6 million. It was also common cause that gravel is a scarce resource in the Bloemfontein area. The Bloemfontein High Court held that the Provincial Government had in terms of the Ordinance properly acquired the rights to mine for and remove road construction materials and dismissed the application. The SCA considered the Roads Ordinance and related legislation against the undisputed facts and confirmed the decision of the High Court. It was held by the SCA that the Provincial Government had acted in accordance with the Ordinance and that another preceding Act of expropriation was unnecessary. The Provincial Government is thus entitled to use the gravel for road construction and maintenance.
|
|