SIMMER AND JACK MINES LTD v GF INDUSTRIAL PROPERTY CO (PTY) LTD & OTHERS 1978 (2) SA 654 (W)

This case study examines a legal dispute between Simmer and Jack Mines Ltd and GF Industrial Property Co (Pty) Ltd regarding the ownership of a mine dump on a portion of the farm Elandsfontein. The court focused on whether the mine dump constituted movable or immovable property to determine if ownership rights had been reserved during a land sale.

• The court determined that the primary criterion for deciding if a mine dump has acceded to the soil and become immovable property is the intention of the party annexing the movable to the immovable.
• Simmer and Jack Mines Ltd failed to establish a prima facie case that the mine dump was immovable property because evidence showed the creators of the dump never intended it to accede to the soil; specifically, early correspondence indicated the dump was viewed as derelict and its sand as sellable.
• The court ruled that the fact that a mine dump had been grassed does not provide prima facie evidence of accession to the land, as in this instance, the grassing was performed to comply with the Atmospheric Prevention Pollution Act 45 of 1965.
• The court found evidence that Simmer and Jack Mines Ltd had abandoned any potential rights to the dump when selling the property to GF Industrial Property Co, noting that the applicant failed to reserve a right of way to access the dump.

APA

Centre for Environmental Rights (1978). SIMMER AND JACK MINES LTD v GF INDUSTRIAL PROPERTY CO (PTY) LTD & OTHERS 1978 (2) SA 654 (W). https://cer.org.za/wp-content/uploads/2011/12/Simmer-and-Jack-Mines-Ltd-v-GF-Indsutrial-Property-Development-Co.pdf?x21779

Chicago

Centre for Environmental Rights. SIMMER AND JACK MINES LTD v GF INDUSTRIAL PROPERTY CO (PTY) LTD & OTHERS 1978 (2) SA 654 (W). 1978. https://cer.org.za/wp-content/uploads/2011/12/Simmer-and-Jack-Mines-Ltd-v-GF-Indsutrial-Property-Development-Co.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=SIMMER AND JACK MINES LTD v GF INDUSTRIAL PROPERTY CO (PTY) LTD & OTHERS 1978 (2) SA 654 (W) |date=1978 |url=https://cer.org.za/wp-content/uploads/2011/12/Simmer-and-Jack-Mines-Ltd-v-GF-Indsutrial-Property-Development-Co.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrights1978simmer, author = {{Centre for Environmental Rights}}, title = {{SIMMER AND JACK MINES LTD v GF INDUSTRIAL PROPERTY CO (PTY) LTD \& OTHERS 1978 (2) SA 654 (W)}}, institution = {Centre for Environmental Rights}, year = {1978}, url = {https://cer.org.za/wp-content/uploads/2011/12/Simmer-and-Jack-Mines-Ltd-v-GF-Indsutrial-Property-Development-Co.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }