Communities around Labalelo and Others v Labalelo Water User Association and Others (2907/2021) [2022] ZALMPPHC 9 (14 February 2022)

Communities around Labalelo and Others v Labalelo Water User Association and Others (2907/2021) [2022] ZALMPPHC 9 (14 February 2022)

The court found that the applicants, as representatives of affected communities, have standing to institute proceedings in the public interest without the approval of traditional leaders, in line with constitutional principles. However, the failure to join Sekhukhune District Municipality and Lepelle Northern Water,...

Source-derived case information.

Citation
[2022] ZALMPPHC 9
Parties
Applicant: Communities around Labalelo; Applicant: Phetho Marks Moela; Applicant: Matome Joel Mokoena; Applicant: Joseph Mongana Lekwadu; Respondent: Labalelo Water User Association; Respondent: J.A Bierman, Chief Executive Officer; Respondent: Minister of Water and Sanitation; Respondent: Office of the Public Protector
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
14 February 2022
Case Number
2907/2021
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed.
Judges
Mangena
Legal Topics
Locus Standi, Joinder of Parties, Right to Water, Membership of Water User Association, Public Interest Litigation
Administrative Law Constitutional Law Locus Standi Joinder of Parties Right to Water Membership of Water User Association Public Interest Litigation

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Parties

Communities around Labalelo

Applicant

Phetho Marks Moela

Applicant

Matome Joel Mokoena

Applicant

Joseph Mongana Lekwadu

Applicant

Labalelo Water User Association

Respondent

J.A Bierman, Chief Executive Officer

Respondent

Minister of Water and Sanitation

Respondent

Office of the Public Protector

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicants have locus standi to institute proceedings on behalf of the affected communities.
  2. 2 Whether there was a fatal non-joinder of necessary parties, specifically Sekhukhune District Municipality and Lepelle Northern Water.
  3. 3 Whether the applicants are entitled to compel community representation in the membership of the first respondent association.

Ratio Decidendi

The court found that the applicants, as representatives of affected communities, have standing to institute proceedings in the public interest without the approval of traditional leaders, in line with constitutional principles. However, the failure to join Sekhukhune District Municipality and Lepelle Northern Water, both of which have direct and substantial interests and statutory obligations regarding water provision, was fatal to the application. The applicants did not demonstrate compliance with the prescribed procedures for membership in the association, nor did they have a legal entitlement to compel such membership or direct supply of drinkable water. The relief sought was not...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • No order as to costs.