Kubheka v Tonkin and Another (LCC148/2018)
Kubheka v Tonkin and Another (LCC148/2018) [2019] ZALCC 28 (4 January 2019)
The court found that the demarcated grazing camp was severely overgrazed, with the applicant keeping livestock far in excess of the permitted number. Expert evidence confirmed that the veld was overstocked and required a rest period of two to three years for recovery. The statutory duty under CARA to prevent overgrazing applies to both the owner and occupier, and the applicant's continued grazing contravened these obligations. The argument that the respondents unlawfully reduced the grazing camp was rejected, as both parties agreed overgrazing had occurred regardless of the camp's size. The D…
Source excerpt
- Overgrazing
- Conservation Of Agricultural Resources Act
- Removal Of Livestock
- Mandamus Interdict