De Mona Eiendomme CC v The Department Of Water Affairs (WT 24/11/2010) [2011] ZAWT 15 (19 May 2011)

De Mona Eiendomme CC v The Department Of Water Affairs (WT 24/11/2010) [2011] ZAWT 15 (19 May 2011)

The Tribunal found that the Applicant lodged the appeal approximately one year late and failed to provide any reasonable explanation for the delay, relying solely on the change of ownership during the verification process. The Tribunal held that the verification decision was properly made in respect of the previous owner, as required by the National Water Act, and that there was no legal obligation on the Respondent to restart the process due to the change in ownership. The Applicant did not demonstrate prospects of success or provide evidence of prejudice to the Respondent. The Tribunal concluded that no good reason existed to grant condonation for the late lodging of the appeal, and the...

Citation
[2011] ZAWT 15
Parties
Applicant: De Mona Eiendomme CC; Respondent: The Department Of Water Affairs
Court
Water Tribunal
Jurisdiction
South Africa
Judgment Date
19 May 2011
Case Number
WT 24/11/2010
Procedural Posture
Condonation Application / Ruling on Condonation
Outcome
Condonation for the late lodging of the appeal is refused. The file before the Water Tribunal is to be closed.
Judges
W Singo, H Thompson, AS Makhanya
Legal Topics
National Water Act, Condonation, Late Appeal, Verification of Water Use
Administrative Law National Water Act Condonation Late Appeal Verification of Water Use

Case Brief

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Parties

De Mona Eiendomme CC

Applicant

The Department Of Water Affairs

Respondent

Procedural Posture

Condonation Application / Ruling on Condonation

Legal Issues

  1. 1 Whether there is a good reason to condone the late lodging of the appeal by the Applicant against the Respondent's decision dated 23 September 2008.
  2. 2 Whether the Applicant is a person affected by the verification as contemplated by section 148(1)(e) of the National Water Act.
  3. 3 Whether the change in ownership during the verification process constitutes a reasonable explanation for the delay.

Ratio Decidendi

The Tribunal found that the Applicant lodged the appeal approximately one year late and failed to provide any reasonable explanation for the delay, relying solely on the change of ownership during the verification process. The Tribunal held that the verification decision was properly made in respect of the previous owner, as required by the National Water Act, and that there was no legal obligation on the Respondent to restart the process due to the change in ownership. The Applicant did not demonstrate prospects of success or provide evidence of prejudice to the Respondent. The Tribunal concluded that no good reason existed to grant condonation for the late lodging of the appeal, and the...

Court Disposition

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

Orders

  • Condonation for the late lodging of the appeal by the Applicant is refused.
  • The file before the Water Tribunal is to be closed.