S v Buys (497/88) [1989] ZASCA 118; [1990] 1 All SA 368 (A) (26 September 1989)

S v Buys (497/88) [1989] ZASCA 118; [1990] 1 All SA 368 (A) (26 September 1989)

Regulation 12(1)(a), which prohibits burning veld without written permission, is a control measure as contemplated in section 6 of the Conservation of Agricultural Resources Act. The appellant admitted to breaching this regulation. Section 6(5) of the Act makes it a criminal offence to refuse or fail to comply with a binding control measure, and section 23(1)(a) prescribes penalties for such offences. The absence of a penalty provision in the regulations does not negate the criminality of the conduct, as the Act itself provides for punishment. The Minister was not required to prescribe penalties by regulation. The regulations were properly issued as control measures under the Act....

Citation
[1989] ZASCA 118
Parties
Appellant: Christoffel Petrus Francois Buys; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
26 September 1989
Case Number
497/88
Procedural Posture
Criminal Appeal / Final Appeal
Outcome
Appeal dismissed.
Judges
Corbett, Kumleben, F H Grosskopf
Legal Topics
Statutory Offence, Failure to Comply With Regulation, Land Resource Management, Ministerial Regulation, Statutory Interpretation
Criminal Law Land and Property Statutory Offence Failure to Comply With Regulation Land Resource Management Ministerial Regulation Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Christoffel Petrus Francois Buys

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Final Appeal

Legal Issues

  1. 1 Whether the breach of regulation 12(1)(a) constitutes a criminal offence under the Conservation of Agricultural Resources Act.
  2. 2 Whether the absence of a penalty provision in the regulations renders the conduct non-criminal.
  3. 3 Whether the Minister was required to prescribe penalties by regulation for breaches of control measures.

Ratio Decidendi

Regulation 12(1)(a), which prohibits burning veld without written permission, is a control measure as contemplated in section 6 of the Conservation of Agricultural Resources Act. The appellant admitted to breaching this regulation. Section 6(5) of the Act makes it a criminal offence to refuse or fail to comply with a binding control measure, and section 23(1)(a) prescribes penalties for such offences. The absence of a penalty provision in the regulations does not negate the criminality of the conduct, as the Act itself provides for punishment. The Minister was not required to prescribe penalties by regulation. The regulations were properly issued as control measures under the Act....

Court Disposition

Appeal dismissed.

Orders

  • The appeal is dismissed.