n South African Law Journal - Liability for damage caused by veld, forest and mountain fires : notes
|Article Title||Liability for damage caused by veld, forest and mountain fires : notes|
|© Publisher:||Juta Law Publishing|
|Journal||South African Law Journal|
|Affiliations||1 University of the Free State|
|Publication Date||Jan 2011|
|Pages||223 - 233|
In South Africa there are constant threats of harm to persons or their property by veld, forest and mountain fires as a result of others' delictual conduct. Over the years, important decisions have been delivered on the issue and the legislature has also made provision for measures to prevent and combat veld fires throughout our land (see s 1(1) of the National Veld and Forest Fire Act 101 of 1998; in terms of s 2 of the Act a 'veld fire' means a veld, forest or mountain fire). It is trite that a delictual claim for damage caused by fires can succeed only if the five elements of a delict are present, namely an act, wrongfulness, fault, causation and damage (see HL & H Timber Products (Pty Ltd v Sappi Manufacturing (Pty) Ltd 2001 (4) SA 814 (SCA) at 820; Minister of Water Affairs & others v Durr & others  1 All SA 337 (SCA) para 20; Wingaart v Grobler 2010 (6) SA 148 (ECG) at 156; J Neethling & J M Potgieter Neethling-Potgieter-Visser Law of Delict 6 ed (2010) 4).
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