Gauf v Apex Mines Ltd [1913] ZAWLD 20 (1 July 1913)

Contract - Interpretation - Gold Law  - "Vergunning" - Law 18 of 1892

By an agreement in writing dated the 28th March, 1893, A company agreed that in consideration of certain services rendered by G, it would "grant to G a first vergunning of 60 claims on its farm after its mynpacht and owner's claims had been marked off and on condition of its retaining an undivided half share or interest therein".

Held, that by this contract the company undertook to provide G with sixty claims, and that it was not a grant of a mere permission to peg which G took at his own·risk and could only turn to account in the event of the law allowing him to peg after the owner had exercised his rights.

Held also, that there was nothing in Law 18 of 1892 to confine the meaning of the word "vergunning" to a mere permission to peg.

In interpreting a contract the Court can look at the wording of the contract, the law existing at the time it was entered into, and the surrounding circumstances, but not to events that happened afterwards. Parties may contract in view of future legislation, but, if so, it must appear from the contract itself or from the actual allegation of facts before the Court.