Mrs A E van der Walt t/a Bruwer Kwekery v Department of Water Affairs (WT 03/12/2009) [2011] ZAWT 5 (11 August 2011)

Mrs A E van der Walt t/a Bruwer Kwekery v Department of Water Affairs (WT 03/12/2009) [2011] ZAWT 5 (11 August 2011)

The Tribunal found that, as no formal appeal or application for condonation had been lodged by the appellant, there was no matter before the Tribunal to adjudicate. The Tribunal reiterated its lack of power to grant extensions for lodging appeals and confirmed that its jurisdiction is limited to considering condonation applications when properly brought. In the absence of any such application or appeal, the Tribunal concluded that the file must be closed.

Citation
[2011] ZAWT 5
Parties
Appellant: Mrs A E van der Walt t/a Bruwer Kwekery; Respondent: Department of Water Affairs
Court
Water Tribunal
Jurisdiction
South Africa
Judgment Date
11 August 2011
Case Number
WT 03/12/2009
Procedural Posture
Appeal / Preliminary Ruling on Jurisdiction
Outcome
No appeal or condonation application was lodged; the Tribunal declined jurisdiction and closed the file.
Judges
L.J Lekale
Legal Topics
Condonation of Late Appeal, Jurisdiction of Tribunal
Administrative Law Condonation of Late Appeal Jurisdiction of Tribunal

Case Brief

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Parties

Mrs A E van der Walt t/a Bruwer Kwekery

Appellant

Department of Water Affairs

Respondent

Procedural Posture

Appeal / Preliminary Ruling on Jurisdiction

Legal Issues

  1. 1 Whether the Water Tribunal has jurisdiction to grant an extension of time for lodging an appeal.
  2. 2 Whether an appeal or application for condonation was properly lodged before the Tribunal.

Ratio Decidendi

The Tribunal found that, as no formal appeal or application for condonation had been lodged by the appellant, there was no matter before the Tribunal to adjudicate. The Tribunal reiterated its lack of power to grant extensions for lodging appeals and confirmed that its jurisdiction is limited to considering condonation applications when properly brought. In the absence of any such application or appeal, the Tribunal concluded that the file must be closed.

Court Disposition

No appeal or condonation application was lodged; the Tribunal declined jurisdiction and closed the file.

Orders

  • There is no appeal before the Tribunal.
  • The file is closed.