The Actio de Feris – Phoenix from the Ashes or Vain Chimera? – Van der Westhuizen v Burger

Abstract

In light of the existing uncertainty regarding the applicability of the actio de feris in South African law, the appearance of a judgment such as that of the Supreme Court of Appeal in Van der Westhuizen v Burger created an expectation that final clarity has at long last been reached in this matter, especially where one of the judges clearly declared his intention to delve more deeply into the state of the law on this point. The question arises whether this expectation has in fact been realised.

Keywords: delict, damage caused by wild animals, actio de feris