AJ Grobbelaar v Department of Water Affairs (WT 18/08/2010) [2011] ZAWT 4 (21 July 2011)

AJ Grobbelaar v Department of Water Affairs (WT 18/08/2010) [2011] ZAWT 4 (21 July 2011)

The Tribunal found that the delay of over two years in lodging the appeal was serious and required a compelling explanation and strong prospects of success to justify condonation. The applicant's explanation, that he was not financially able to pursue development at the time of refusal, was deemed unacceptable, as it did not justify the delay in seeking relief. Furthermore, the applicant failed to demonstrate any prospect of success, particularly in light of expert advice indicating no further groundwater was available for development. The Tribunal concluded that no good reason existed to grant condonation for the late lodging of the appeal, and the applicant did not meet the requirements...

Citation
[2011] ZAWT 4
Parties
Applicant: A J Grobbelaar; Respondent: Department of Water Affairs
Court
Water Tribunal
Jurisdiction
South Africa
Judgment Date
21 July 2011
Case Number
WT 18/08/2010
Procedural Posture
Condonation Application / Application for Condonation of Late Appeal
Outcome
Condonation for the late lodging of the appeal is refused. The file before the Water Tribunal is closed.
Judges
W Singo, H Thompson, A S Makhanya, A S Hadebe
Legal Topics
Condonation of Late Appeal, Water Use Licensing, National Water Act, Prospects of Success, Prejudice, Delay Explanation
Administrative Law Environmental Law Condonation of Late Appeal Water Use Licensing National Water Act Prospects of Success Prejudice Delay Explanation

Case Brief

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Parties

A J Grobbelaar

Applicant

Department of Water Affairs

Respondent

Procedural Posture

Condonation Application / Application for Condonation of Late Appeal

Legal Issues

  1. 1 Whether there is good reason to condone the late lodging of the appeal by the applicant against the respondent's decision dated 17 May 2007.
  2. 2 Whether the applicant provided an acceptable explanation for the delay in lodging the appeal.
  3. 3 Whether the applicant demonstrated prospects of success in the appeal.

Ratio Decidendi

The Tribunal found that the delay of over two years in lodging the appeal was serious and required a compelling explanation and strong prospects of success to justify condonation. The applicant's explanation, that he was not financially able to pursue development at the time of refusal, was deemed unacceptable, as it did not justify the delay in seeking relief. Furthermore, the applicant failed to demonstrate any prospect of success, particularly in light of expert advice indicating no further groundwater was available for development. The Tribunal concluded that no good reason existed to grant condonation for the late lodging of the appeal, and the applicant did not meet the requirements...

Court Disposition

Condonation for the late lodging of the appeal is refused. The file before the Water Tribunal is closed.

Orders

  • Condonation for the late lodging of the appeal by the applicant against the decision of the Department of Water Affairs dated 17 May 2007 is refused.
  • The file before the Water Tribunal is to be closed.