South Africa Case Law

Transvaal Canoe Union and Another v Garbett and Another (3/92)

Transvaal Canoe Union and Another v Garbett and Another (3/92) [1993] ZASCA 114; 1993 (4) SA 829 (AD); [1993] 2 All SA 601 (A) (6 September 1993)

Court

Supreme Court of Appeal

Case number

3/92

Judges

Corbett, Vivier, F H Grosskopf, Howie, Van Coller

The Supreme Court of Appeal held that, under South African common law, the public's right to use a public river does not include an unrestricted right to portage canoes along privately owned riverbanks. Portage is not a necessary incident of navigation on a public river, especially where the activity is competitive canoe racing rather than mere recreational boating. The evidence showed that the portage sought by appellants involved significant encroachment and potential damage to private property, and was not confined to a reasonable or defined area. The relief sought was overly broad and not…

Source excerpt

• Riparian Rights
• Public Use Of Rivers
• Servitude
• Portage
• Civiliter Modo