Karan t/a Karan Feedlot v Minister of Water and Sanitation (81265/17) [2019] ZAGPPHC 572 (11 October 2019)

Karan t/a Karan Feedlot v Minister of Water and Sanitation (81265/17) [2019] ZAGPPHC 572 (11 October 2019)

The court found that the applicant abstracts water directly from the Suikerbosrand River, which is a water resource and not a government waterwork. The property is not supplied by any government water scheme, and no Water Users Association or irrigation board is involved. The respondent failed to identify any government waterworks affecting the applicant's property. Therefore, the applicant is not liable for Trans-Caledon Tunnel Authority charges, consumptive charges for operation and maintenance, depreciation, return on assets, or Water Research Fund Charges. The Supreme Court of Appeal's order is final and binding, and the respondent's continued levying of charges is unlawful. The...

Citation
[2019] ZAGPPHC 572
Parties
Applicant: I M Karan t/a Karan Feedlot; Respondent: The Minister of Water and Sanitation
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 October 2019
Case Number
81265/17
Procedural Posture
Urgent Application / Final Determination on Merits After Prior SCA and Constitutional Court Proceedings
Outcome
Application granted. Declaratory and interdictory relief awarded to the applicant. Respondent's points in limine dismissed. Costs awarded to the applicant.
Judges
C J van der Westhuizen
Legal Topics
Water Use Charges, Trans Caledon Tunnel Authority, Pricing Strategy for Water Use, Riparian Rights, Government Waterworks, Water Research Fund Charges
Administrative Law Land and Property Water Use Charges Trans Caledon Tunnel Authority Pricing Strategy for Water Use Riparian Rights Government Waterworks Water Research Fund Charges

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Parties

I M Karan t/a Karan Feedlot

Applicant

The Minister of Water and Sanitation

Respondent

Procedural Posture

Urgent Application / Final Determination on Merits After Prior SCA and Constitutional Court Proceedings

Legal Issues

  1. 1 Whether the applicant is liable for Trans-Caledon Tunnel Authority charges under the National Water Act for water abstracted from the Suikerbosrand River.
  2. 2 Whether the respondent is entitled to levy consumptive charges for operation and maintenance, depreciation, and return on assets on the applicant's property.
  3. 3 Whether Water Research Fund Charges may lawfully be levied against the applicant for water use on the property.

Ratio Decidendi

The court found that the applicant abstracts water directly from the Suikerbosrand River, which is a water resource and not a government waterwork. The property is not supplied by any government water scheme, and no Water Users Association or irrigation board is involved. The respondent failed to identify any government waterworks affecting the applicant's property. Therefore, the applicant is not liable for Trans-Caledon Tunnel Authority charges, consumptive charges for operation and maintenance, depreciation, return on assets, or Water Research Fund Charges. The Supreme Court of Appeal's order is final and binding, and the respondent's continued levying of charges is unlawful. The...

Court Disposition

Application granted. Declaratory and interdictory relief awarded to the applicant. Respondent's points in limine dismissed. Costs awarded to the applicant.

Orders

  • The respondent's points in limine are dismissed.
  • The respondent is ordered to remove, within 60 days, all Trans-Caledon Tunnel Authority charges levied against the applicant's water use account (contract number 100005267) for Portion 5 of the Farm Elandsfontein 412.