Endangered Wildlife Trust and Another v Director General: Department of Water and Sanitation (Acting) and Another [2023] ZAGPPHC 310; A155/2019 (10 May 2023)

Endangered Wildlife Trust and Another v Director General: Department of Water and Sanitation (Acting) and Another [2023] ZAGPPHC 310; A155/2019 (10 May 2023)

The court found that the Water Tribunal had properly considered and balanced all relevant statutory and constitutional factors, including environmental sensitivity, strategic water source status, mitigation measures, and socio-economic impacts. The Tribunal did not err in law regarding the requirement for landowner consent, the application of the precautionary principle, or the provision for post-closure water treatment. The Tribunal's decision was informed by expert evidence, public participation, and compliance with national policy and legislative frameworks. The precautionary principle was satisfied through adequate mitigation and adaptive management measures. The court held that the...

Citation
[2023] ZAGPPHC 310
Parties
Appellant: Endangered Wildlife Trust; Appellant: Federation for a Sustainable Environment; Respondent: Director General: Department of Water and Sanitation (Acting); Respondent: Atha-Africa Ventures (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 May 2023
Case Number
A155/2019
Procedural Posture
Civil Appeal / Appeal From Water Tribunal Decision Under Section 149 of the National Water Act
Outcome
Appeal dismissed with costs, including costs of two counsel where necessary.
Judges
Baloyi-Mere, Nyathi
Legal Topics
Water Use Licence, Precautionary Principle, Protected Areas, Burden of Proof, Sustainable Development, Mining Authorisation
Environmental Law Administrative Law Water Use Licence Precautionary Principle Protected Areas Burden of Proof Sustainable Development Mining Authorisation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

Endangered Wildlife Trust

Appellant

Federation for a Sustainable Environment

Appellant

Director General: Department of Water and Sanitation (Acting)

Respondent

Atha-Africa Ventures (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Water Tribunal Decision Under Section 149 of the National Water Act

Legal Issues

  1. 1 Whether the Water Tribunal erred in law by failing to consider the strategic importance of the mine area for water security and biodiversity.
  2. 2 Whether the Water Tribunal failed to require proof of landowner consent as mandated by section 24 of the National Water Act.
  3. 3 Whether the Water Tribunal failed to apply the precautionary principle under NEMA.

Ratio Decidendi

The court found that the Water Tribunal had properly considered and balanced all relevant statutory and constitutional factors, including environmental sensitivity, strategic water source status, mitigation measures, and socio-economic impacts. The Tribunal did not err in law regarding the requirement for landowner consent, the application of the precautionary principle, or the provision for post-closure water treatment. The Tribunal's decision was informed by expert evidence, public participation, and compliance with national policy and legislative frameworks. The precautionary principle was satisfied through adequate mitigation and adaptive management measures. The court held that the...

Court Disposition

Appeal dismissed with costs, including costs of two counsel where necessary.

Orders

  • The appellants' appeal is dismissed with costs, including the employment of two counsel where necessary.