A M Marais Boerdery Trust v Department of Water Affairs (WT 18/01/2010) [2011] ZAWT 6 (23 November 2011)

A M Marais Boerdery Trust v Department of Water Affairs (WT 18/01/2010) [2011] ZAWT 6 (23 November 2011)

The Tribunal found that the undisputed facts and the balancing of all relevant factors, including those set out in section 27(1) of the National Water Act, supported the granting of the water use licence. Both parties agreed that the facts warranted the licence, and the Tribunal was satisfied that the objectives of the Act would be served by granting the application. The refusal of the application would not advance the purposes of section 27(1), and the appellant's engagement in development initiatives for historically disadvantaged individuals further supported the decision. Accordingly, the appeal succeeded and the licence was granted.

Citation
[2011] ZAWT 6
Parties
Appellant: A M Marais Boerdery Trust; Respondent: Department of Water Affairs
Court
Water Tribunal
Jurisdiction
South Africa
Judgment Date
23 November 2011
Case Number
WT 18/01/2010
Procedural Posture
Civil Appeal / Appeal Decision
Outcome
Appeal upheld; water use licence granted to the appellant.
Judges
LJ Lekale, W Singo, H Thompson
Legal Topics
Water Use Licensing, National Water Act, Balancing of Relevant Factors
Administrative Law Environmental Law Water Use Licensing National Water Act Balancing of Relevant Factors

Case Brief

Summary, issues, holding and outcome

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Parties

A M Marais Boerdery Trust

Appellant

Department of Water Affairs

Respondent

Procedural Posture

Civil Appeal / Appeal Decision

Legal Issues

  1. 1 Whether the appellant is entitled to a water use licence under section 27(1) of the National Water Act.
  2. 2 Whether all relevant factors have been properly considered and balanced in the application for the licence.

Ratio Decidendi

The Tribunal found that the undisputed facts and the balancing of all relevant factors, including those set out in section 27(1) of the National Water Act, supported the granting of the water use licence. Both parties agreed that the facts warranted the licence, and the Tribunal was satisfied that the objectives of the Act would be served by granting the application. The refusal of the application would not advance the purposes of section 27(1), and the appellant's engagement in development initiatives for historically disadvantaged individuals further supported the decision. Accordingly, the appeal succeeded and the licence was granted.

Court Disposition

Appeal upheld; water use licence granted to the appellant.

Orders

  • The appellant is granted a water use licence on the respondent's standard terms and conditions applicable to relevant water use licences.
  • The respondent shall proceed to issue the relevant licence without delay.