De Jager N.O and Others v Minister of Water Affairs and Others (5481/2022) [2025] ZAMPMHC 8 (25 February 2025)

De Jager N.O and Others v Minister of Water Affairs and Others (5481/2022) [2025] ZAMPMHC 8 (25 February 2025)

The court found that the fourth respondent, Rietspruit Crushers (Pty) Ltd, was unlawfully abstracting and storing water without a valid licence, in contravention of the National Water Act and related government notices. The directives issued by the delegated officials of the Ministers of Water and Minerals were valid administrative actions that had not been lawfully suspended or set aside. The business rescue status of the fourth respondent did not shield it from compliance with these directives, as administrative enforcement is not precluded by section 133 of the Companies Act. The cement mixing facility and related activities were conducted in contravention of the environmental...

Citation
[2025] ZAMPMHC 8
Parties
Applicant: Pieter De Jager N.O; Applicant: Maria Elizabeth De Jager N.O; Applicant: Marius Jacobs obo Time Accountants CC N.O; Applicant: Anele Botha N.O; Applicant: Lizelle Maree N.O; Applicant: Dorette van de Walt; Respondent: Minister of Water Affairs; Respondent: Minister of Mineral Resources and Energy; Respondent: Rietspruit Crusher CC; Respondent: Rietspruit Crushers (Pty) Ltd; Respondent: Izingane Mining; Respondent: Mpumalanga Brick and Crete (Pty) Ltd; Respondent: Almenta (Pty) Ltd; Respondent: Craig Derick Jordaan
Court
Middelburg High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
25 February 2025
Case Number
5481/2022
Procedural Posture
Review Application / Judgment
Outcome
Application granted. Orders issued for enforcement of directives, cessation of unlawful water use and mining activities, removal of unauthorised facilities, and costs awarded against first, second, and fourth respondents.
Judges
Vele
Legal Topics
Water Use Licensing, Mining Directives, Environmental Compliance, Business Rescue Protection, Judicial Review Under Paja, Enforcement of Administrative Action
Administrative Law Environmental Law Land and Property Water Use Licensing Mining Directives Environmental Compliance Business Rescue Protection Judicial Review Under Paja +1 more

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Parties

Pieter De Jager N.O

Applicant

Maria Elizabeth De Jager N.O

Applicant

Marius Jacobs obo Time Accountants CC N.O

Applicant

Anele Botha N.O

Applicant

Lizelle Maree N.O

Applicant

Dorette van de Walt

Applicant

Minister of Water Affairs

Respondent

Minister of Mineral Resources and Energy

Respondent

Rietspruit Crusher CC

Respondent

Rietspruit Crushers (Pty) Ltd

Respondent

Izingane Mining

Respondent

Mpumalanga Brick and Crete (Pty) Ltd

Respondent

Almenta (Pty) Ltd

Respondent

Craig Derick Jordaan

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the fourth respondent is unlawfully using water resources without a valid licence in contravention of the National Water Act.
  2. 2 Whether the directives issued by the delegated officials of the Ministers of Water and Minerals are valid and enforceable administrative actions.
  3. 3 Whether the business rescue status of the fourth respondent suspends enforcement of administrative directives.

Ratio Decidendi

The court found that the fourth respondent, Rietspruit Crushers (Pty) Ltd, was unlawfully abstracting and storing water without a valid licence, in contravention of the National Water Act and related government notices. The directives issued by the delegated officials of the Ministers of Water and Minerals were valid administrative actions that had not been lawfully suspended or set aside. The business rescue status of the fourth respondent did not shield it from compliance with these directives, as administrative enforcement is not precluded by section 133 of the Companies Act. The cement mixing facility and related activities were conducted in contravention of the environmental...

Court Disposition

Application granted. Orders issued for enforcement of directives, cessation of unlawful water use and mining activities, removal of unauthorised facilities, and costs awarded against first, second, and fourth respondents.

Orders

  • The first and second respondents must forthwith enforce the directive dated 28 January 2016 against the fourth respondent to disconnect and remove the borehole pump at the specified coordinates.
  • The first respondent must ensure all pumps pumping water from any quarry pit within the quarry are disconnected and removed to prevent the fourth respondent from abstracting water.