De Lange NO v Minister of Water and Environmental Affairs (81/2018) [2019] ZASCA 59; 2019 (4) SA 445 (SCA) (17 April 2019)

De Lange NO v Minister of Water and Environmental Affairs (81/2018) [2019] ZASCA 59; 2019 (4) SA 445 (SCA) (17 April 2019)

The court held that the deceased's water use right was not an unrestricted real right but was subject to statutory conditions, including the need to apply for water and pay charges. The cause of action for damages arose in 2003 when the irrigation canals became inoperable due to the respondent's omission. The deceased did not exercise his water use right or pay charges during the period in question, and both he and the authorities treated the Scheme as defunct. There was no ongoing breach of a right, and any claim for damages had prescribed in terms of the Prescription Act. The appeal was dismissed as the claim was time-barred.

Citation
[2019] ZASCA 59
Parties
Appellant: Stephanus de Lange NO; Respondent: Minister of Water and Environmental Affairs
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
17 April 2019
Case Number
81/2018
Procedural Posture
Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Navsa, Leach, Mocumie, Mokgohloa, Dlodlo
Legal Topics
National Water Act, Prescription Act, Water Use Rights, Statutory Duties, Delictual Liability, Riparian Rights
Land and Property Administrative Law Delict National Water Act Prescription Act Water Use Rights Statutory Duties Delictual Liability +1 more

Case Brief

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Parties

Stephanus de Lange NO

Appellant

Minister of Water and Environmental Affairs

Respondent

Procedural Posture

Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria

Legal Issues

  1. 1 Whether the appellant's claim for damages arising from the failure to maintain irrigation canals had prescribed.
  2. 2 Whether the water use right constituted an ongoing real right not susceptible to prescription.
  3. 3 Whether the respondent bore an ongoing statutory duty to maintain the canal and distribute water.

Ratio Decidendi

The court held that the deceased's water use right was not an unrestricted real right but was subject to statutory conditions, including the need to apply for water and pay charges. The cause of action for damages arose in 2003 when the irrigation canals became inoperable due to the respondent's omission. The deceased did not exercise his water use right or pay charges during the period in question, and both he and the authorities treated the Scheme as defunct. There was no ongoing breach of a right, and any claim for damages had prescribed in terms of the Prescription Act. The appeal was dismissed as the claim was time-barred.

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs, including the costs of two counsel.