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South Africa decisions
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Oosthuizen N.O and Another v Kotze (UM171/2023) [2023] ZANWHC 179 (26 September 2023)
The court confirmed a rule nisi granting trustees access to farm property, finding urgency and statutory fire-prevention duties justified the interim relief.
Briers N.O and Others v Salmon N.O and Others (A63/2022) [2023] ZAWCHC 26 (14 February 2023)
The court found that the appellants failed to place sufficient objective facts before the court to support the inferences they sought regarding the cause of the fire and the negligence of the respondents or their workers. The evidence did not identify any worker as the source of ignition, nor did it establish that any worker was present at the origin of the fire at the relevant time or that any worker was a smoker who could have started the fire. The court distinguished the authorities relied upon by the appellants, noting that those cases involved direct evidence or admissions regarding the…
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Nel v Government of South Africa and Another (3861/2016) [2021] ZAECGHC 105 (16 November 2021)
High Court judgment on veldfire damage: the court held the first defendant liable after fires spread from its farm, applying the statutory presumption of negligence.
Oosthuizen and Others v Vorster (1491/2016) [2019] ZAECGHC 35 (26 March 2019)
A landowner was held liable for a veldfire that started after angle grinding in a shed and spread to neighbouring farms. The court found negligence and applied the statutory presumption.
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)
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…
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Wessels NO and Others v Phumelela Municipality (962/2014) [2018] ZAFSHC 126 (16 August 2018)
The High Court held Phumelela Municipality liable for damage caused when a veld fire spread from its dumping site to neighbouring farms.
Botha and Another v Du Toit and Another (2347/2016) [2018] ZAFSHC 20 (8 March 2018)
The court found that the defendant, although the registered owner of the farm, had leased the property to an experienced farmer and was not in control of the farming activities at the time of the fire. The evidence established that the defendant was not present, had no prior knowledge of the fire, and could not have taken any reasonable steps to prevent the harm. The court held that public and legal policy considerations do not require the imposition of liability on an absent landowner who leases his property to a competent lessee without any warning signs of unsavoury conduct. The presumptio…
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MTO Forestry (Pty) Ltd v Swart N.O. (420/2016) [2017] ZASCA 57; [2017] 3 All SA 502 (SCA); 2017 (5) SA 76 (SCA) (22 May 2017)
The Supreme Court of Appeal dismissed a forestry company’s delict claim arising from a fire that spread from neighbouring land, finding reasonable preventive steps were taken.
Nieuco Properties 1005 (Pty) Ltd and Another v Trustees for the time being of the Inkululeko Community Trust and Others (27524/13) [2017] ZAGPPHC 179 (29 March 2017)
The court held that the National Veld and Forest Fire Act's definition of 'owner' is non-exhaustive and includes both the registered owner and a lessee who controls the land. In this case, the lease agreement transferred possession and control of the State land to Mr Maseko, the lessee, who was responsible for compliance with statutory fire protection duties. The Act does not require the lease agreement to enumerate every statutory obligation, and the lessee, as a person engaging in farming, is expected to be aware of relevant legal duties. The second defendant, as owner, was not liable for t…
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Tartan Timbers (Pty) Limited and Others v Mondi Limited (AR457/16) [2017] ZAKZPHC 26 (23 March 2017)
Appeal over liability for fire damage dismissed; the court found no negligence by the respondent and varied costs to follow the result.
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