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South Africa decisions
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Thabisang v Polokwane Municipality (4739/2021) [2024] ZALMPPHC 27 (13 March 2024)
The High Court dismissed a damages claim arising from an alleged electrocution at a Polokwane traffic light, finding the plaintiff’s evidence unreliable and uncorroborated.
T.S obo H.S v Lekwa Local Municipality (1900/17) [2019] ZAMPMHC 9 (23 October 2019)
The High Court held the municipality liable for a child’s electrocution after finding it failed to secure an open transformer box and did not rebut the presumption of negligence.
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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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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Bon Accor Safaris (Edms) Bpk and Others v Masilonyana Municipality (4138/2009) [2014] ZAFSHC 65 (27 March 2014)
The court held that a fire originating on municipal land was a veldfire and that the municipality was negligent and liable for the plaintiffs' losses.
Pitzer v Eskom (336/11) [2012] ZASCA 44 (29 March 2012)
The court held Eskom liable in part after a qualified electrician was electrocuted in an unsecured live chamber, applying the statutory presumption of negligence.
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)
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…
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Komatieland Forests (Pty) Ltd v Roux and Others (9853/08) [2011] ZAGPPHC 200 (14 October 2011)
The High Court held that a veldfire started on the defendant’s land and spread to the plaintiff’s plantation, making the defendant solely liable for the damage.
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