04/08/2026
When people hear the word lawyer, they usually imagine big corporate disputes, fancy offices, and people arguing over millions of rands.
But sometimes the law takes you somewhere completely different...
Sometimes, the law takes you to Qumbu.
And sometimes, your 'clients' are goats.
A client approached us with a problem that many people in our communities understand.
His goats had wandered onto a neighbour’s farm and caused damage. The neighbour was not happy and understandably so. His crops were affected, and he wanted to be compensated.
But then the situation took an interesting turn.
The neighbour decided to keep the goats.
The question was no longer only about the damage.
The question became, 'Can you keep someone else's property because you believe they owe you money?'
This is where the law became important.
The neighbour had a possible remedy known as actio de pauperie. In simple terms, if your animal causes damage, the person who suffers the damage may have a claim against you for compensation, if the legal requirements are met.
So yes, if your goats eat my crops, we may have to discuss who pays for the damage.
But the law also protects ownership.
You cannot move from; 'Your goats damaged my farm' to 'Congratulations, they are now my goats.'
That is where rei vindicatio comes in. This is the legal remedy an owner uses to reclaim property that belongs to them from someone who has possession without a legal right to keep it.
Our argument was simple; The neighbour’s complaint could be addressed through the proper legal channels, but it did not give him ownership of our client’s goats.
We took the necessary steps, placed the legal position before the court, and obtained an order for the release and return of the goats to our client.
The goats went home.
But as with many legal matters, the story does not always end when the order is granted.
The neighbour is not happy with the outcome, which means we might soon find ourselves sitting under a tree in Qumbu’s Chief’s court doing what lawyers do best; protecting rights, arguing the law, and seeking justice.
No fancy courtroom.
No air conditioning.
Just the law, the community, and maybe a few goats listening carefully from the side.
This is why access to justice matters.
Because the law is not only for big companies and city people.
The law is for the farmer, the neighbour, the business owner, the employee, and every South African who needs their rights protected.
Sofute & Associates is always willing to assist.
