What are the Offences and Penalties for causing an illegal veldfire?

Causing an illegal veldfire is certainly a grave, almost unforgivable, offence. Considering the damage and destruction caused to communities, the environment and animal life, some might even say that the criminal penalties imposed are not harsh enough!

Chapter 7 of the National Veld and Forest Fire Act, soon to be amended to the ‘National Veldfire Act’, sets out some offences and penalties. 

Offences are divided into three categories. 

First category offences include: 

Lighting, using or maintaining a fire in contravention of the Minister’s published warning

An owner/ occupier/ person in control of land not acting within reason to put out or mitigate a fire  

Second category offences include:

Leaving a fire unattended/ unextinguished

A fire causing injury or damage with or without the owner’s permission 

When a person ‘throws, puts down or drops a burning match or other burning material or any material capable of spontaneous combustion or self-ignition and, by doing so, makes a fire which spreads and causes injury or damage…’ (section 25(2)(c ) of the Act)

Causing or using or maintaining a fire in a road, other than in a designated fireplace or for a firebreak 

Smoking when prohibited to do so

Going against firebreak rules (more on firebreaks later this month)

Not being up to firefighting standards 

Refusing to assist or hindering/ obstructing a fire protection/ forest officer

Third category offences include persons preventing or interfering with the duties of a fire protection/ forest officer.

A fire protection may arrest a person should there be a reasonable suspicion of one of the offences. 

So what are the penalties for the offences? Is there a big difference between leaving a fire unattended to dropping a burning match? The answer seems to be… not really. As per the introduction, it does in fact seem as if the penalties could be more severe. 

When it is a person’s first conviction for that offence, each category offence entails the following penalty: 

1. First category offence: fine or up to two years of imprisonment or both
2. Second category offence: fine or up to one year imprisonment or both
3. Third category offence: fine or up to six months of community service or both. The community service imposed must be an act/ service that benefits the environment. 

Note that a person’s negligence equals fault in terms of section 25. It does not matter whether or not a person did not intend to cause damage or injury. Often someone who has suffered loss caused by an offence, will additionally institute a civil case against the relevant person to claim. This means that the criminal penalty imposed per category mentioned above… is not necessarily the end of the story!

Given 2024’s flaming start and destruction that ensued, one can only hope that moving forward – coupled with greater awareness and respect for all forms of life – we will try harder to protect and preserve.