LCP4802
Assignment 1
Semester 2
Unique No: 689451
Due 28 August 2025
, SEMESTER: 02 ASSIGNMENT: 01
UNIQUE NUMBER: 689451
DUE DATE: 28 August 2025
MAHLANGU v NGUBANE: AN ANALYSIS OF WRONGFULNESS AND
NEGLIGENCE IN DELICTUAL LIABILITY
1. Introduction
In South African delictual law, two foundational concepts determine liability for
patrimonial damages: wrongfulness and negligence. These concepts are often
misapplied interchangeably, but they perform distinct and indispensable roles in
establishing liability. The case of Mahlangu v Ngubane involves a real-world conflict
between two neighbouring agricultural enterprises: Mr. Mahlangu, a commercial timber
farmer, and Ms. Ngubane, a government-supported small-scale livestock farmer. A
devastating veld fire originating on Ms. Ngubane’s land, allegedly due to insufficient fire
management practices, crossed property boundaries and caused extensive financial
losses to Mr. Mahlangu.
This essay provides a detailed examination of how a South African court would analyse
the claims and defences in this case. It unpacks the legal meaning and function of
wrongfulness and negligence, considers the relevant jurisprudence and policy
considerations, and evaluates the likelihood of success in Mr. Mahlangu’s delictual
claim. Reference is made to key precedents such as MTO Forestry (Pty) Ltd v Swart
NO 2017 (5) SA 76 (SCA), Minister of Safety and Security v Van Duivenboden 2002 (6)
SA 431 (SCA), Loureiro and Others v Imvula Quality Protection (Pty) Ltd 2014 (3) SA
394 (CC), Fourway Haulage SA (Pty) Ltd v SA National Roads Agency Ltd 2009 (2) SA
150 (SCA), and Le Roux and Others v Dey 2011 (3) SA 274 (CC), along with relevant
statutory provisions, particularly the National Veld and Forest Fires Act 101 of 1998.
2. The Legal Framework: Damage, Wrongfulness, and Negligence
Assignment 1
Semester 2
Unique No: 689451
Due 28 August 2025
, SEMESTER: 02 ASSIGNMENT: 01
UNIQUE NUMBER: 689451
DUE DATE: 28 August 2025
MAHLANGU v NGUBANE: AN ANALYSIS OF WRONGFULNESS AND
NEGLIGENCE IN DELICTUAL LIABILITY
1. Introduction
In South African delictual law, two foundational concepts determine liability for
patrimonial damages: wrongfulness and negligence. These concepts are often
misapplied interchangeably, but they perform distinct and indispensable roles in
establishing liability. The case of Mahlangu v Ngubane involves a real-world conflict
between two neighbouring agricultural enterprises: Mr. Mahlangu, a commercial timber
farmer, and Ms. Ngubane, a government-supported small-scale livestock farmer. A
devastating veld fire originating on Ms. Ngubane’s land, allegedly due to insufficient fire
management practices, crossed property boundaries and caused extensive financial
losses to Mr. Mahlangu.
This essay provides a detailed examination of how a South African court would analyse
the claims and defences in this case. It unpacks the legal meaning and function of
wrongfulness and negligence, considers the relevant jurisprudence and policy
considerations, and evaluates the likelihood of success in Mr. Mahlangu’s delictual
claim. Reference is made to key precedents such as MTO Forestry (Pty) Ltd v Swart
NO 2017 (5) SA 76 (SCA), Minister of Safety and Security v Van Duivenboden 2002 (6)
SA 431 (SCA), Loureiro and Others v Imvula Quality Protection (Pty) Ltd 2014 (3) SA
394 (CC), Fourway Haulage SA (Pty) Ltd v SA National Roads Agency Ltd 2009 (2) SA
150 (SCA), and Le Roux and Others v Dey 2011 (3) SA 274 (CC), along with relevant
statutory provisions, particularly the National Veld and Forest Fires Act 101 of 1998.
2. The Legal Framework: Damage, Wrongfulness, and Negligence
