Grobbelaar v Department of Water Affairs (WT 18/08/2010) [2011] ZAWT 16 (21 July 2011)

Grobbelaar v Department of Water Affairs (WT 18/08/2010) [2011] ZAWT 16 (21 July 2011)

The Tribunal found the delay of 2 years and 3½ months to be serious. The applicant's explanation for the delay was not acceptable, as he applied for a licence without being financially ready and only sought condonation once his financial position improved. Furthermore, the applicant failed to demonstrate any prospect of success, as expert advice indicated no further groundwater was available for development. The Tribunal concluded that no good reason existed to grant condonation for the late lodging of the appeal, and the applicant did not meet the requirements for condonation under the relevant legal principles.

Citation
[2011] ZAWT 16
Parties
Applicant: A J Grobbelaar; Respondent: Department of Water Affairs
Court
Water Tribunal
Jurisdiction
South Africa
Judgment Date
21 July 2011
Case Number
WT 18/08/2010
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, AS Hadebe
Legal Topics
Condonation, Late Filing of Appeal, Water Use Licence, National Water Act, Prospects of Success
Administrative Law Land and Property Condonation Late Filing of Appeal Water Use Licence National Water Act Prospects of Success

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

A J Grobbelaar

Applicant

Department of Water Affairs

Respondent

Procedural Posture

Condonation Application / Ruling on Condonation

Legal Issues

  1. 1 Whether there is good reason to condone the late lodging of the appeal by the applicant against the respondent's decision dated 17 May 2007.
  2. 2 Whether the applicant provided an acceptable explanation for the delay and demonstrated prospects of success.

Ratio Decidendi

The Tribunal found the delay of 2 years and 3½ months to be serious. The applicant's explanation for the delay was not acceptable, as he applied for a licence without being financially ready and only sought condonation once his financial position improved. Furthermore, the applicant failed to demonstrate any prospect of success, as expert advice indicated no further groundwater was available for development. The Tribunal concluded that no good reason existed to grant condonation for the late lodging of the appeal, and the applicant did not meet the requirements for condonation under the relevant legal principles.

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 closed.