Guguletto Family Trust v Department of Water Affairs and Forestry (WT16/07/2009) [2010] ZAWT 1 (18 May 2010)

Guguletto Family Trust v Department of Water Affairs and Forestry (WT16/07/2009) [2010] ZAWT 1 (18 May 2010)

The Water Tribunal held that its jurisdiction is limited to hearing appeals and does not extend to reviewing whether the respondent complied with PAJA in making its decision. The Tribunal is itself subject to PAJA and must apply its provisions when determining appeals. The Tribunal found that the Internal Strategic Perspective (ISP) relied upon by the appellant does not have the legal status of a catchment management strategy and cannot override section 27(1) of the National Water Act. The Tribunal further found no evidence that the appellant satisfies the transformation factors or empowerment elements required under the AgriBEE Charter. The Tribunal concluded that, on the available...

Citation
[2010] ZAWT 1
Parties
Appellant: Guguletto Family Trust; Respondent: Department of Water Affairs and Forestry
Court
Water Tribunal
Jurisdiction
South Africa
Judgment Date
18 May 2010
Case Number
WT16/07/2009
Procedural Posture
Civil Appeal / Appeal Decision
Outcome
Appeal dismissed; the file is closed.
Judges
L.J Lekale, W Singo, H Thompson
Legal Topics
Water Use Licence, Promotion of Administrative Justice Act, National Water Act, Black Economic Empowerment, Catchment Management Strategy
Administrative Law Environmental Law Water Use Licence Promotion of Administrative Justice Act National Water Act Black Economic Empowerment Catchment Management Strategy

Case Brief

Summary, issues, holding and outcome

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Parties

Guguletto Family Trust

Appellant

Department of Water Affairs and Forestry

Respondent

Procedural Posture

Civil Appeal / Appeal Decision

Legal Issues

  1. 1 Whether the respondent complied with the Promotion of Administrative Justice Act (PAJA) in determining the appellant's water use licence application.
  2. 2 Whether section 27(1) of the National Water Act, read with the Middle Vaal Water Management Strategies, favours the granting of a water use licence to the appellant.

Ratio Decidendi

The Water Tribunal held that its jurisdiction is limited to hearing appeals and does not extend to reviewing whether the respondent complied with PAJA in making its decision. The Tribunal is itself subject to PAJA and must apply its provisions when determining appeals. The Tribunal found that the Internal Strategic Perspective (ISP) relied upon by the appellant does not have the legal status of a catchment management strategy and cannot override section 27(1) of the National Water Act. The Tribunal further found no evidence that the appellant satisfies the transformation factors or empowerment elements required under the AgriBEE Charter. The Tribunal concluded that, on the available...

Court Disposition

Appeal dismissed; the file is closed.

Orders

  • The appeal is dismissed.
  • No water use licence is granted to the appellant.