LASCON PROPERTIES (PTY) LTD v WADEVILLE INVESTMENT CO (PTY) LTD & ANOTHER 1997 (4) SA 578 (W)

The document analyzes the case of Lascon Properties (Pty) Ltd v Wadeville Investment Co (Pty) Ltd & Another, where the court determined that the duty to render water containing harmful matter innocuous under Regulation 5.9.2 of the Mines and Works Act 27 of 1956 involves strict liability. The court ruled that a breach of this statutory duty allows for a claim for compensation independently of the Aquilian action, meaning the plaintiff did not need to prove fault (negligence or intention) to recover damages for property affected by acidic mine water.

• The court interpreted the duty to render water containing harmful or injurious matter innocuous as involving strict liability, establishing a ground for compensation for damage caused by the release of acidic mine water that is independent of the Aquilian action.
• Because the claim for damages was independent of the Aquilian action, the plaintiffs were not required to allege or prove fault, such as intention or negligence, on the part of the defendants.
• The court concluded that Regulation 5.9.2 was likely enacted for the benefit of landowners whose property was damaged by the release of acidic mine water, and therefore the legislature would have provided a means for harmed persons to claim compensation.
• The commentary notes that while Regulation 5.9.2 has been repealed, the court's approach to interpretation may be relevant to other South African legislation, specifically the National Environmental Management Act 107 of 1998, the National Water Act 36 of 1998, and the Mineral and Petroleum Resources Development act 28 of 2002.

APA

Centre for Environmental Rights (1997). LASCON PROPERTIES (PTY) LTD v WADEVILLE INVESTMENT CO (PTY) LTD & ANOTHER 1997 (4) SA 578 (W). https://cer.org.za/wp-content/uploads/2011/12/Lascon-Properties-v-Wadeville-Investments.pdf?x21779

Chicago

Centre for Environmental Rights. LASCON PROPERTIES (PTY) LTD v WADEVILLE INVESTMENT CO (PTY) LTD & ANOTHER 1997 (4) SA 578 (W). 1997. https://cer.org.za/wp-content/uploads/2011/12/Lascon-Properties-v-Wadeville-Investments.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=LASCON PROPERTIES (PTY) LTD v WADEVILLE INVESTMENT CO (PTY) LTD & ANOTHER 1997 (4) SA 578 (W) |date=1997 |url=https://cer.org.za/wp-content/uploads/2011/12/Lascon-Properties-v-Wadeville-Investments.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrights1997lascon, author = {{Centre for Environmental Rights}}, title = {{LASCON PROPERTIES (PTY) LTD v WADEVILLE INVESTMENT CO (PTY) LTD \& ANOTHER 1997 (4) SA 578 (W)}}, institution = {Centre for Environmental Rights}, year = {1997}, url = {https://cer.org.za/wp-content/uploads/2011/12/Lascon-Properties-v-Wadeville-Investments.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }