LPL4802 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025 – DUE 28 August 2025; 100% correct solutions and explanations.

LPL4802 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025 – DUE 28 August 2025; 100% correct solutions and explanations. QUESTION SCENARIO: Read the scenario below and then answer the essay question set on it. In the rural hills of eNquthu, located in the uMzinyathi District of KwaZulu-Natal, a community of small- to medium-scale black farmers has established a reputation for sustainable commercial agriculture over the last two decades. Among them is Mr. Andile Mahlangu, a second-generation eucalyptus and wattle farmer who inherited over 150 hectares of land from his late father. His operation provides timber to a pulp processing plant and employs more than 20 local residents. Adjacent to Mahlangu’s land is a government-owned farm leased to Ms. Nokuthula Ngubane, a dedicated agriculturalist known in the area for her mentorship of young farmers, as well as her skills in livestock and grassland management. The government, through its Rural Development Support Programme, placed Ngubane on this farm as part of its post-settlement land reform initiative. Her responsibilities include maintaining natural grasslands, managing firebreaks, and running a small but growing cattle operation. On the afternoon of 13 August 2023, dry, gusty winds swept across eNquthu. A fire, believed to have started from a lightning strike or possibly stray embers from a roadside rubbish burn, ignited on the northwestern corner of Ms. Ngubane’s farm. Her workers responded quickly, activating their fire protocols, deploying water units, and calling in local firefighting volunteers. Despite their efforts, the wind direction shifted rapidly. The fire jumped one of the boundary firebreaks, crossed a small stream, and entered Mr. Mahlangu’s eucalyptus grove. Within hours, the flames engulfed more than 40 hectares of plantation, destroying mature timber ready for harvest as well as younger saplings. The economic loss surpassed R5.2 million and included damages to infrastructure, machinery, and future harvests. The fire was ultimately contained after sunset, aided by neighbouring farmers and community firefighters. In the aftermath, Mr. Mahlangu lodged a delictual claim against Ms. Ngubane, alleging that her negligent failure to contain the fire and protect adjacent land amounted to a wrongful omission for which she bore legal liability. He contended that she had not properly maintained her firebreaks in certain areas, that she failed to notify neighbouring farmers in time to mount a joint response, and that she should have foreseen the risk of such fires and taken additional steps to prevent their spread, particularly given the dry conditions and proximity to commercial plantations. Ms. Ngubane, in her defence, presented detailed records of her fire management activities. She submitted satellite imagery and dated photographs showing regularly cleared firebreaks; a signed fire risk assessment report compiled in June 2023 by the local Fire Protection Association; testimony from fire specialists confirming that, under the prevailing wind conditions, the fire would have breached any standard firebreak regardless of preparation, as well as evidence that she responded swiftly and in line with best practice norms for smallholder farms in the region. She denied any negligence and further argued that,