Human and Others v Minister of Water Affairs and Forestry and Another (WT 04/08/2008) [2009] ZAWT 7 (19 January 2009)

Human and Others v Minister of Water Affairs and Forestry and Another (WT 04/08/2008) [2009] ZAWT 7 (19 January 2009)

The Water Tribunal held that it is a creature of statute and can only act within the powers conferred by its enabling Act and rules. Rule 10 of the Water Tribunal Rules requires that separate, proper appeals exist before an application for consolidation can be entertained. The applicants had not lodged individual appeals as required by Rule 3, but instead submitted a joint appeal document. The Tribunal found that the existence of separate appeals is a jurisdictional fact necessary for consolidation. The rules do not permit consolidation of appeals that have not been properly noted, and the Tribunal cannot rely on High Court practice where its own rules are clear. The application for...

Citation
[2009] ZAWT 7
Parties
Applicant: H.S Human & 19 Others; Respondent: Minister of Water Affairs and Forestry; Respondent: Deborah Mochothli N.O
Court
Water Tribunal
Jurisdiction
South Africa
Judgment Date
19 January 2009
Case Number
WT 04/08/2008
Procedural Posture
Urgent Application / Application for Consolidation of Appeals
Outcome
Application for consolidation dismissed for lack of jurisdiction.
Judges
L.J Lekale, W Singo, Hubert Thompson, A.S Hadebe, A.S Makhanya
Legal Topics
Water Use Licensing, Jurisdiction of Tribunal, Consolidation of Appeals, Notice of Appeal Requirements
Administrative Law Civil Procedure Water Use Licensing Jurisdiction of Tribunal Consolidation of Appeals Notice of Appeal Requirements

Case Brief

Summary, issues, holding and outcome

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Parties

H.S Human & 19 Others

Applicant

Minister of Water Affairs and Forestry

Respondent

Deborah Mochothli N.O

Respondent

Procedural Posture

Urgent Application / Application for Consolidation of Appeals

Legal Issues

  1. 1 Whether the Water Tribunal had jurisdiction to entertain the application for consolidation of appeals.
  2. 2 Whether proper individual appeals existed before the Tribunal for consolidation purposes.
  3. 3 Whether the absence of respondent consent barred consolidation.

Ratio Decidendi

The Water Tribunal held that it is a creature of statute and can only act within the powers conferred by its enabling Act and rules. Rule 10 of the Water Tribunal Rules requires that separate, proper appeals exist before an application for consolidation can be entertained. The applicants had not lodged individual appeals as required by Rule 3, but instead submitted a joint appeal document. The Tribunal found that the existence of separate appeals is a jurisdictional fact necessary for consolidation. The rules do not permit consolidation of appeals that have not been properly noted, and the Tribunal cannot rely on High Court practice where its own rules are clear. The application for...

Court Disposition

Application for consolidation dismissed for lack of jurisdiction.

Orders

  • The Water Tribunal does not have jurisdiction to entertain the application until and unless separate proper appeals have been noted.
  • The application for consolidation is dismissed.