Glynn and Others v Mining Commissioner of Pilgrim's Rest [1911] ZATPD 75 (30 May 1911)

Townships - Establishment - Reservation by Mining Commissioner - Act 34 of 1908, sec.5 - Mines and Minerals - Gold Law - Stands -Grant - "Open Proclaimed Ground" - Act 35 of 1908, sections 11 and 78 - Actio Popularis - Mining Commissioner acting without due Formality

Where a mining commissioner, acting by virtue of Act 34 of 1908, sec.5, has reserved a certain portion of proclaimed ground for the purpose of a township, until the Governor has caused a township to be established, then the Mining Commissioner may cancel the reservation and reserve some other portion.

The expression "open proclamation ground," used in sections 71 and 78 of Act 35 of 1908, means land which is not held under mining title.

A member of the public is not entitled to object to the granting of stands by a Mining Commissioner, under sec.78 of Act 35 of 1908, merely in consequence of an informality in procedure only affecting the applicants for the stands.
(Patz vs Greene and Co. (1907, T.S. 427) distinguished).