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

This case study analyzes the 1997 legal dispute LASCON PROPERTIES (PTY) LTD v WADEVILLE INVESTMENT CO (PTY) LTD & ANOTHER, which addressed liability for damages caused by the release of acidic mine water in breach of statutory regulations.

• The court interpreted Regulation 5.9.2 of the Regulations promulgated under the Mines and Works Act 27 of 1956 as establishing a duty to render water containing harmful or injurious matter innocuous, which the court viewed as involving strict liability. This meant the plaintiffs did not need to allege or prove fault (intention or negligence) to establish a ground for compensation for damages caused by acidic mine water.
• The court determined that Regulation 5.9.2 was prima facie created for the benefit of landowners whose property suffered damage from the release of acidic mine water. Consequently, the court reasoned that the Legislature would not have imposed the obligation without providing a mechanism for harmed persons to claim compensation.
• The case is noted for demonstrating that litigation regarding acid mine drainage existed before the issue became prominent. Although Regulation 5.9.2 has since been repealed, the court's interpretive approach may be relevant to the interpretation of the National Environmental Management Act 107 of 1998, the National Water Act 36 of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 (n.d.). 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). n.d. 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) |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{centreforenvironmentalrightsndlascon, 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}, 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} }