Article 8: Eastern Cape Umbrella Fire Protection Association: AN OVERVIEW – OFFENCES & PENALTIES
In terms of the Act the following offences and penalties are applicable.
Presumption of negligence (NON-MEMBERS)
1. If a person who brings civil proceedings proves that he or she suffered loss from a veldfire which—
a. the defendant caused; or
b. started on or spread from land owned by the defendant, the defendant is presumed to have been negligent in relation to the veldfire until the contrary is proved, unless the defendant is a member of a fire protection association in the area where the fire occurred.
2. The presumption in 1 above does not exempt the plaintiff from the onus of proving that any act or omission by the defendant was wrongful.
Offences: First Category –
1. Any person who lights, uses or maintains a fire in the open air when a fire warning has been issued
2. Any owner, occupier or person in control of land on which a fire occurs who fails to take reasonable steps to extinguish the fire or to confine it to that land or to prevent it from causing damage to property on adjoining land, Is guilty of a first category offence.
Penalty: A person who is guilty of a first category offence may be sentenced on a first conviction for that offence to a fine or imprisonment for a period of up to two years, or to both a fine and such imprisonment.
Offences: Second Category
1. Any person who, in the open air—
a) leaves unattended a fire which he or she lit;
b) lights, uses or maintains a fire, which spreads and causes injury or damage;
c) throws, puts down or drops a burning match or other burning material and, by doing so, makes a fire which spreads and causes injury or damage;
d) lights, uses or maintains a fire in a road reserve—
2. Any person who—
a) fails to prepare a firebreak in terms of the Act;
b) fails to give notice of intention to burn a firebreak in terms of the Act;
c) burns a firebreak when a fire protection association has objected in terms of the Act;
d) fails to inform adjoining landowners and the fire protection association of their intention to burn fire breaks or block burns;
3. Any person who—
a) fails to meet the standards of readiness for fire fighting;
b) fails to notify the correct persons;
c) refuses to assist a fire protection officer or a forest officer; or
d) hinders or obstructs any person or any fire protection officer or any forest officer,
is guilty of a second category offence
Penalty: A person who is guilty of a second category offence may be sentenced on a first conviction for that offence to a fine or imprisonment for a period of up to one year, or to both a fine and such imprisonment.