Rand Water Board v Big Cedar Trading 22 (Pty) Ltd (1038/15) [2016] ZASCA 177; [2017] 1 All SA 698 (SCA) (25 November 2016)

Rand Water Board v Big Cedar Trading 22 (Pty) Ltd (1038/15) [2016] ZASCA 177; [2017] 1 All SA 698 (SCA) (25 November 2016)

The Supreme Court of Appeal held that Rand Water Board lawfully laid the pipelines under s 24(j) of Act 17 of 1950, which conferred statutory powers to lay pipes across private land without requiring a registered servitude. The absence of a servitude does not entitle successors-in-title to removal of the pipelines or compensation, provided the original laying was lawful. The procedural requirement of notice does not render the act unlawful in the absence of statutory nullity. The court cannot order registration of a servitude or compensation where no statutory or contractual basis exists. The respondent's constitutional property rights were not infringed, as any deprivation occurred...

Citation
[2016] ZASCA 177
Parties
Appellant: Rand Water Board; Respondent: Big Cedar Trading 22 (Pty) Ltd
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
25 November 2016
Case Number
1038/15
Procedural Posture
Civil Appeal / Appeal From Gauteng Division, Pretoria of High Court
Outcome
Appeal upheld; respondent's claim dismissed with costs.
Judges
Cachalia, Seriti, Wallis, Pillay, Schippers
Legal Topics
Statutory Pipe Laying Powers, Servitude Registration, Compensation for Expropriation, Constitutional Property Rights
Land and Property Administrative Law Statutory Pipe Laying Powers Servitude Registration Compensation for Expropriation Constitutional Property Rights

Case Brief

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Parties

Rand Water Board

Appellant

Big Cedar Trading 22 (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Gauteng Division, Pretoria of High Court

Legal Issues

  1. 1 Whether Rand Water Board lawfully laid pipelines across private property under s 24(j) of Act 17 of 1950.
  2. 2 Whether the absence of a registered servitude entitles the new owner to removal of the pipelines or compensation.
  3. 3 Whether the court can order registration of a servitude and compensation for its imposition.

Ratio Decidendi

The Supreme Court of Appeal held that Rand Water Board lawfully laid the pipelines under s 24(j) of Act 17 of 1950, which conferred statutory powers to lay pipes across private land without requiring a registered servitude. The absence of a servitude does not entitle successors-in-title to removal of the pipelines or compensation, provided the original laying was lawful. The procedural requirement of notice does not render the act unlawful in the absence of statutory nullity. The court cannot order registration of a servitude or compensation where no statutory or contractual basis exists. The respondent's constitutional property rights were not infringed, as any deprivation occurred...

Court Disposition

Appeal upheld; respondent's claim dismissed with costs.

Orders

  • The appeal is upheld with costs, including costs consequent upon the employment of two counsel.
  • The order of the court below is amended to read: 'The plaintiff’s claim is dismissed with costs.'