Botha and Another v Du Toit and Another (2347/2016) [2018] ZAFSHC 20 (8 March 2018)

Botha and Another v Du Toit and Another (2347/2016) [2018] ZAFSHC 20 (8 March 2018)

The court found that the defendant, although the registered owner of the farm, had leased the property to an experienced farmer and was not in control of the farming activities at the time of the fire. The evidence established that the defendant was not present, had no prior knowledge of the fire, and could not have taken any reasonable steps to prevent the harm. The court held that public and legal policy considerations do not require the imposition of liability on an absent landowner who leases his property to a competent lessee without any warning signs of unsavoury conduct. The presumption of negligence under section 34 of the National Veld and Forest Fire Act did not apply, as the...

Citation
[2018] ZAFSHC 20
Parties
Plaintiff: Dirk Samuel Botha N.O.; Plaintiff: Hendrik Pieter van der Post N.O.; Defendant: Rhyno du Toit; Defendant: Jaco Fourie
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
8 March 2018
Case Number
2347/2016
Procedural Posture
Civil Trial / Merits Separated From Quantum; Judgment on Merits
Outcome
Plaintiffs' claim dismissed with costs, including the travelling costs of the first defendant for return air tickets between the United Kingdom and Bloemfontein, South Africa.
Judges
Daffue
Legal Topics
Negligence, Presumption of Negligence, National Veld and Forest Fire Act, Wrongfulness, Duty of Care
Delict Land and Property Negligence Presumption of Negligence National Veld and Forest Fire Act Wrongfulness Duty of Care

Case Brief

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Parties

Dirk Samuel Botha N.O.

Plaintiff

Hendrik Pieter van der Post N.O.

Plaintiff

Rhyno du Toit

Defendant

Jaco Fourie

Defendant

Procedural Posture

Civil Trial / Merits Separated From Quantum; Judgment on Merits

Legal Issues

  1. 1 Whether the defendant, as landowner, is liable in delict for damages caused by a veld fire started by his lessee.
  2. 2 Whether the defendant falls within the definition of 'owner' under the National Veld and Forest Fire Act for purposes of liability.
  3. 3 Whether the defendant's conduct was wrongful and/or negligent in the circumstances.

Ratio Decidendi

The court found that the defendant, although the registered owner of the farm, had leased the property to an experienced farmer and was not in control of the farming activities at the time of the fire. The evidence established that the defendant was not present, had no prior knowledge of the fire, and could not have taken any reasonable steps to prevent the harm. The court held that public and legal policy considerations do not require the imposition of liability on an absent landowner who leases his property to a competent lessee without any warning signs of unsavoury conduct. The presumption of negligence under section 34 of the National Veld and Forest Fire Act did not apply, as the...

Court Disposition

Plaintiffs' claim dismissed with costs, including the travelling costs of the first defendant for return air tickets between the United Kingdom and Bloemfontein, South Africa.

Orders

  • The plaintiffs' claim is dismissed.
  • Plaintiffs are ordered to pay the costs of the defendant, including the costs of return air tickets on economic class between the United Kingdom and Bloemfontein, South Africa.