Nel v Government of South Africa and Another (3861/2016) [2021] ZAECGHC 105 (16 November 2021)
Court
Eastern Cape High Court, Grahamstown
Case number
3861/2016
Judge
J.E. Smith
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.
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)
Court
Supreme Court of Appeal
Case number
872/2017
Judges
Cachalia, Saldulker, Dambuza, Van der Merwe, Schippers
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…