Endangered Wildlife Trust and Another v Director-General (Acting) Department of Water and Sanitation and Another (1165/2023) [2025] ZASCA 69 (29 May 2025)

Endangered Wildlife Trust and Another v Director-General (Acting) Department of Water and Sanitation and Another (1165/2023) [2025] ZASCA 69 (29 May 2025)

The Supreme Court of Appeal held that the appeal under section 149(1) of the National Water Act is strictly limited to questions of law. The grounds advanced by the appellants were found to be factual disputes disguised as legal issues, with only the interpretation of section 24 of the Act qualifying as a legal question. The Tribunal and High Court were found to have properly considered all relevant statutory factors, including the strategic importance of the mining area, socio-economic impacts, and environmental risks. The water use licence contained sufficient conditions to address post-closure water treatment, and the precautionary principle was adequately applied. The allegation of...

Citation
[2025] ZASCA 69
Parties
Appellant: Endangered Wildlife Trust; Appellant: Federation for a Sustainable Environment; Respondent: Director-General (Acting), Department of Water and Sanitation; Respondent: Atha-Africa Ventures (Pty) Ltd
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 May 2025
Case Number
1165/2023
Procedural Posture
Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria, Following Water Tribunal Decision
Outcome
Appeal dismissed with costs, including costs of two counsel where so employed.
Judges
Schippers, Hughes, Weiner, Smith, Vally
Legal Topics
National Water Act, Water Use Licensing, Precautionary Principle, Public Participation, Judicial Bias, Costs in Constitutional Litigation
Environmental Law Administrative Law National Water Act Water Use Licensing Precautionary Principle Public Participation Judicial Bias Costs in Constitutional Litigation

Case Brief

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Parties

Endangered Wildlife Trust

Appellant

Federation for a Sustainable Environment

Appellant

Director-General (Acting), Department of Water and Sanitation

Respondent

Atha-Africa Ventures (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria, Following Water Tribunal Decision

Legal Issues

  1. 1 Whether the High Court failed to provide an independently reasoned judgment, giving rise to a reasonable apprehension of bias.
  2. 2 Whether the appeal under section 149(1) of the National Water Act is confined to questions of law.
  3. 3 Whether the Tribunal failed to consider the strategic importance of the mining area for water security and biodiversity.

Ratio Decidendi

The Supreme Court of Appeal held that the appeal under section 149(1) of the National Water Act is strictly limited to questions of law. The grounds advanced by the appellants were found to be factual disputes disguised as legal issues, with only the interpretation of section 24 of the Act qualifying as a legal question. The Tribunal and High Court were found to have properly considered all relevant statutory factors, including the strategic importance of the mining area, socio-economic impacts, and environmental risks. The water use licence contained sufficient conditions to address post-closure water treatment, and the precautionary principle was adequately applied. The allegation of...

Court Disposition

Appeal dismissed with costs, including costs of two counsel where so employed.

Orders

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