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Who owns wild animals?

Published 27 August 2009 by jcairns

This complicated question recently surfaced once more in an interesting case brought before the Supreme Court of Appeal of South Africa: Mathenjwa v Magudu Game Company (258/08) [2009] ZASCA 57 (28 MAY 2009). The SCA, accepting that the common law of South Africa on this point was essentially based on the Roman-law doctrine, investigated the abstract/causal theories of acquisition of ownership of property at great length. This case is an interesting example of the contemporary application of civilian principles in a mixed jurisdiction.

 

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