South Africa Case Law

Nieuco Properties 1005 and Another v Trustees for the time being of the Inkululeko Community Trust and Others (872/2017)

Nieuco Properties 1005 and Another v Trustees for the time being of the Inkululeko Community Trust and Others (872/2017) [2018] ZASCA 123 (21 September 2018)

Court

Supreme Court of Appeal

Case number

872/2017

Judges

Cachalia, Saldulker, Dambuza, Van der Merwe, Schippers

The Supreme Court of Appeal held that the definition of 'owner' in the National Veld and Forest Fire Act 101 of 1998 is not limited to persons in control of land but includes both the registered owner and the lessee or other persons controlling the land. The Act's language, context, and purpose support a conjunctive interpretation, meaning multiple parties may simultaneously bear statutory obligations. Section 2(5) of the Act confirms this by providing that proper performance by one owner exempts others. The presumption of negligence in section 34 applies to all owners unless rebutted. The co…

Source excerpt

• National Veld And Forest Fire Act
• Definition Of Owner
• Statutory Duties Of Landowners
• Presumption Of Negligence
• Delictual Liability

Mondi South Africa Ltd v Martens and Another (7764/05)

Mondi South Africa Ltd v Martens and Another (7764/05) [2011] ZAKZPHC 51; [2012] 1 All SA 602 (KZP); 2012 (2) SA 469 (KZP) (9 November 2011)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

7764/05

Judge

Swain

The court held that the common law meaning of 'owner' for the purposes of the National Veld and Forest Fire Act is determined by the incidents of ownership, specifically the right of exclusive control, possession, and alienation of the property. The first defendant had divested himself of all such incidents in favour of the second defendant through a binding agreement and power of attorney, leaving only registration of title in his name. Registration alone, without control, does not render a person an 'owner' under the Act. The decisive criterion is control over the property, which the first…

Source excerpt

• National Veld And Forest Fire Act
• Definition Of Owner
• Presumption Of Negligence
• Control Of Property
• Liability For Omission

Mokholwane v Pro Honda (200/95)

Mokholwane v Pro Honda (200/95) [1997] ZASCA 52; 1997 (4) SA 223 (SCA); [1997] 3 All SA 447 (A); (27 May 1997)

Court

Supreme Court of Appeal

Case number

200/95

Judges

E M Grosskopf, Vivier, Howie, Zulman, Plewman

The Supreme Court of Appeal held that a leased motor cycle’s lessee counted as “owner” under the Act, so the defendant was not protected by the statutory bar.

• Motor Vehicle Accident Fund
• Statutory Interpretation
• Exception Procedure
• Definition Of Owner
• Statutory-interpretation
• Motor-vehicle-accidents