9
Pete and John are brothers who own two adjacent farms. They have fallen out and are not speaking to each other at the moment. Pete lives on his farm and raises sheep. John lives on his farm during weekends only, but keeps a small vegetable patch. Unfortunately, the vegetable patch is raided daily by vervet monkeys. John sets up a "monkey-scaring apparatus" which emits a loud noise at twenty minute intervals, both day and night. This has a negative effect on Pete's sheep, which have become nervous and very difficult to manage. John refuses to remove the "monkey-scaring apparatus" and therefore Pete approaches a court and asks for an interdict compelling John to remove the apparatus. Which of the following is most probably correct in current South African law?
A.
A court must consider not only the rights of the opposing parties, but also the interests of the environment itself. As the interests of the monkeys must also be taken into account, John will be ordered by the court to remove the machine.
B.
As John is acting with a specific purpose and to protect a particular entitlement of ownership, the court will not order him to silence the machine.
C.
An owner is entitled to use his property only to the extent that such use does not infringe the rights of his neighbor. John will be ordered by the court to remove the apparatus.
D.
As vervet monkeys are not active at night, the court will order John to switch off the apparatus at night when it serves no purpose to continue with the emission of noises. (1)