Ncandu River Dam Consortium (Pty) Ltd and Another v Minister of Water Affairs and Forestry and Others (WT 18/08/2008) [2008] ZAWT 3 (4 December 2008)

Ncandu River Dam Consortium (Pty) Ltd and Another v Minister of Water Affairs and Forestry and Others (WT 18/08/2008) [2008] ZAWT 3 (4 December 2008)

The Water Tribunal found that it lacked jurisdiction to hear the appeal because no decisions had been made by the First Respondent on the appellants' licence applications as required by section 148(1) of the National Water Act. The Tribunal held that the existence of such decisions is a jurisdictional fact, and without them, no appeal may lie. The Tribunal further noted that the appellants' remedy for administrative inaction was to approach the High Court under PAJA or seek a mandamus, not to bring a premature appeal before the Tribunal. The appeal was therefore dismissed as premature and the file ordered closed.

Citation
[2008] ZAWT 3
Parties
Appellant: Ncandu River Dam Consortium (Pty) Ltd; Appellant: Ncandu River Dam Properties (Pty) Ltd; Respondent: Minister of Water Affairs & Forestry; Respondent: Director-General Department of Water Affairs & Forestry; Respondent: KwaZulu-Natal Department of Agriculture and Environmental Affairs; Respondent: KwaZulu-Natal Nature Conservation Service Board; Respondent: Ncandu River Holdings (Pty) Ltd; Respondent: Newcastle Local Municipality; Respondent: Uthukela Water (Pty) Ltd
Court
Water Tribunal
Jurisdiction
South Africa
Judgment Date
4 December 2008
Case Number
WT 18/08/2008
Procedural Posture
Civil Appeal / Jurisdictional Challenge and Merits
Outcome
Appeal dismissed for lack of jurisdiction; file closed.
Judges
L.J Lekale, W Singo, Hubert Thompson, A.S Makhanya, A.S Hadebe
Legal Topics
Jurisdiction of Tribunal, Premature Appeal, Administrative Inaction, Mandamus, Promotion of Administrative Justice Act
Administrative Law Civil Procedure Jurisdiction of Tribunal Premature Appeal Administrative Inaction Mandamus Promotion of Administrative Justice Act

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 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Ncandu River Dam Consortium (Pty) Ltd

Appellant

Ncandu River Dam Properties (Pty) Ltd

Appellant

Minister of Water Affairs & Forestry

Respondent

Director-General Department of Water Affairs & Forestry

Respondent

KwaZulu-Natal Department of Agriculture and Environmental Affairs

Respondent

KwaZulu-Natal Nature Conservation Service Board

Respondent

Ncandu River Holdings (Pty) Ltd

Respondent

Newcastle Local Municipality

Respondent

Uthukela Water (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Jurisdictional Challenge and Merits

Legal Issues

  1. 1 Whether the Water Tribunal had jurisdiction to hear the appeal in the absence of a decision by the First Respondent as contemplated by section 148(1)(f) of the National Water Act.
  2. 2 Whether the appellants were entitled to approach the Tribunal before a decision on their licence applications was made.

Ratio Decidendi

The Water Tribunal found that it lacked jurisdiction to hear the appeal because no decisions had been made by the First Respondent on the appellants' licence applications as required by section 148(1) of the National Water Act. The Tribunal held that the existence of such decisions is a jurisdictional fact, and without them, no appeal may lie. The Tribunal further noted that the appellants' remedy for administrative inaction was to approach the High Court under PAJA or seek a mandamus, not to bring a premature appeal before the Tribunal. The appeal was therefore dismissed as premature and the file ordered closed.

Court Disposition

Appeal dismissed for lack of jurisdiction; file closed.

Orders

  • The Water Tribunal does not have jurisdiction over the matter.
  • The file shall be closed.