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

The document examines a 1978 legal dispute over the ownership of a mine dump on a portion of the farm Elandsfontein. The court focused on whether the dump had acceded to the soil to become immovable property, ultimately ruling that the intention of the parties is the primary test for such classification. Because Simmer and Jack Mines Ltd could not prove an intention for the dump to be immovable, and had failed to reserve access rights when selling the land, their application for an interdict to stop sand removal was dismissed.

• The primary legal test for determining if a mine dump has acceded to the soil and become an immovable form of property is the intention of the parties involved.
• The court determined that Simmer and Jack Mines Ltd failed to establish a prima facie case that the dump was immovable because evidence showed the creators of the dump never intended it to accede to the soil and had previously viewed the dump as derelict sand that could be sold.
• The fact that a mine dump has been grassed does not serve as prima facie evidence of accession to the land, especially when such action was taken to comply with the Atmospheric Prevention Pollution Act 45 of 1965.
• The court found that Simmer and Jack Mines Ltd likely abandoned any rights to the dump during the sale of the land to GF Industrial Property Co (Pty) Ltd, noting specifically that the applicant did not reserve a right of way to access the dump.
• The legal classification of mine dumps as either movable or immovable property has significant implications for the application of environmental law, particularly regarding the duty of care imposed on landowners by statutes.

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} }