Komatieland Forests (Pty) Ltd v Roux and Others (9853/08) [2011] ZAGPPHC 200 (14 October 2011)

Komatieland Forests (Pty) Ltd v Roux and Others (9853/08) [2011] ZAGPPHC 200 (14 October 2011)

The court found, on the evidence, that the fire started on the defendant's property, Tavlands, and spread to the plaintiff's Pan plantation. The defendant failed to maintain any firebreaks or have fire fighting personnel or equipment available, despite foreseeable risk and prior warnings. This failure was both wrongful and negligent. The statutory presumption of negligence under section 34 of the National Veld and Forest Fire Act applied, and the defendant did not rebut it. The plaintiff's fire protection measures were reasonable and adequate, and there was no contributory negligence. The defendant is solely liable for the damages caused by the veldfire.

Citation
[2011] ZAGPPHC 200
Parties
Plaintiff: Komatieland Forests (Pty) Ltd; Defendant: Gabriel Daniel Roux; Defendant: Johan Roux; Defendant: Tavlands (Pty) Ltd; Defendant: Tavistock Colliers (Pty) Ltd; Defendant: Tavistock Colliers Ltd; Respondent: Santam; Respondent: Tavlands (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 October 2011
Case Number
9853/08
Procedural Posture
Civil Trial / Liability Determination; Quantum Postponed Sine Die
Outcome
Defendant is declared solely liable for the plaintiff's damages resulting from the veldfire of 11 September 2005.
Judges
B.R. Du Plessis
Legal Topics
National Veld and Forest Fire Act, Presumption of Negligence, Wrongfulness, Causation, Firebreaks, Contributory Negligence
Land and Property Delict National Veld and Forest Fire Act Presumption of Negligence Wrongfulness Causation Firebreaks Contributory Negligence

Case Brief

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Parties

Komatieland Forests (Pty) Ltd

Plaintiff

Gabriel Daniel Roux

Defendant

Johan Roux

Defendant

Tavlands (Pty) Ltd

Defendant

Tavistock Colliers (Pty) Ltd

Defendant

Tavistock Colliers Ltd

Defendant

Santam

Respondent

Tavlands (Pty) Ltd

Respondent

Procedural Posture

Civil Trial / Liability Determination; Quantum Postponed Sine Die

Legal Issues

  1. 1 Whether the fire that destroyed part of the plaintiff's plantation started on or spread from the defendant's property.
  2. 2 Whether the defendant was negligent and wrongful in failing to take reasonable precautions against veldfires.
  3. 3 Whether the plaintiff was contributorily negligent in relation to the fire and its damage.

Ratio Decidendi

The court found, on the evidence, that the fire started on the defendant's property, Tavlands, and spread to the plaintiff's Pan plantation. The defendant failed to maintain any firebreaks or have fire fighting personnel or equipment available, despite foreseeable risk and prior warnings. This failure was both wrongful and negligent. The statutory presumption of negligence under section 34 of the National Veld and Forest Fire Act applied, and the defendant did not rebut it. The plaintiff's fire protection measures were reasonable and adequate, and there was no contributory negligence. The defendant is solely liable for the damages caused by the veldfire.

Court Disposition

Defendant is declared solely liable for the plaintiff's damages resulting from the veldfire of 11 September 2005.

Orders

  • It is declared that the defendant is liable for the damage that the plaintiff suffered as a result of the veldfire that destroyed part of its Pan plantation on 11 September 2005.
  • The defendant is ordered to pay the plaintiff's costs of the trial, including the costs of senior counsel.