South Africa Case Law

Steenberg v De Kaap Timber (Pty) Ltd. (241/89)

Steenberg v De Kaap Timber (Pty) Ltd. (241/89) [1991] ZASCA 144; [1992] 1 All SA 337 (A) (8 November 1991)

Court

Supreme Court of Appeal

Case number

241/89

Judges

Botha, Nestadt, Van den Heever

The court found that the fire which caused the respondent's damages originated on the defendant's property, specifically in the maize lands, and was started by the defendant's servants. The evidence established a sufficient nexus between the defendant's conduct and the fire, satisfying the requirements for the statutory presumption of negligence under section 84 of the Forest Act. The defendant failed to rebut the presumption, as he did not provide a credible explanation or evidence of adequate precautions taken to prevent the fire from spreading. The court held that the defendant was liable…

Source excerpt

• Negligence
• Statutory Presumption
• Forest Fire Liability
• Causation
• Onus Of Proof

Clan Syndicate (Pty) Ltd. v Peattie (402/1984)

Clan Syndicate (Pty) Ltd. v Peattie (402/1984) [1986] ZASCA 13; [1986] 2 All SA 219 (A) (13 March 1986)

Court

Supreme Court of Appeal

Case number

402/1984

Judges

Joubert, Botha, Hefer, Boshoff, Galgut

The court upheld a negligence finding after a forest fire spread from the appellant’s land, holding that the statutory presumption of negligence was not rebutted.

• Negligence
• Statutory Presumption
• Forest Fire Liability
• Maintenance Of Equipment
• Reasonable Precautions
• Forest-fire-liability