Norsand Holdings (Pty) Ltd v Department of Water Affairs and Forestry and Another (WT26/08/2008) [2009] ZAWT 9 (13 February 2009)

Norsand Holdings (Pty) Ltd v Department of Water Affairs and Forestry and Another (WT26/08/2008) [2009] ZAWT 9 (13 February 2009)

The Tribunal found that the appeal was lodged outside the prescribed 30-day period, as the applicant did not request reasons before lodging the appeal and the period commenced from the date the decision was sent. The delay was minimal (two days), and the explanation provided was adequate given the incorrect contact details and shortcomings in the Tribunal's rules regarding service. The applicant demonstrated a bona fide intention to appeal and reasonable prospects of success, as the respondents were required to consider all relevant factors under Section 27 of the Act and the purpose of the licence was to replace an unsafe dam wall. No prejudice to the respondents was apparent....

Citation
[2009] ZAWT 9
Parties
Applicant: Norsand Holdings (Pty) Ltd; Respondent: Department of Water Affairs and Forestry Acting Chief Director: Water Use; Respondent: Department of Water Affairs and Forestry
Court
Water Tribunal
Jurisdiction
South Africa
Judgment Date
13 February 2009
Case Number
WT26/08/2008
Procedural Posture
Condonation Application / Application for Condonation of Late Lodging of Appeal
Outcome
Application for condonation granted; delay in lodging the appeal condoned.
Judges
L.J Lekale, W Singo, H Thompson, A.S Makhanya, A.S Hadebe
Legal Topics
Condonation, Water Use Licence, Late Lodging of Appeal, National Water Act, Prospects of Success
Administrative Law Condonation Water Use Licence Late Lodging of Appeal National Water Act Prospects of Success

Case Brief

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Parties

Norsand Holdings (Pty) Ltd

Applicant

Department of Water Affairs and Forestry Acting Chief Director: Water Use

Respondent

Department of Water Affairs and Forestry

Respondent

Procedural Posture

Condonation Application / Application for Condonation of Late Lodging of Appeal

Legal Issues

  1. 1 Was the appeal lodged within the statutory 30-day period prescribed by Section 148(3) of the National Water Act and Rule 4(1) of the Water Tribunal rules.
  2. 2 If not, does good reason exist for condonation of the late lodging of the appeal under item 5(2) of Schedule 6 to the Act and Rule 4(4) of the rules.
  3. 3 Are there reasonable prospects of success in the appeal.

Ratio Decidendi

The Tribunal found that the appeal was lodged outside the prescribed 30-day period, as the applicant did not request reasons before lodging the appeal and the period commenced from the date the decision was sent. The delay was minimal (two days), and the explanation provided was adequate given the incorrect contact details and shortcomings in the Tribunal's rules regarding service. The applicant demonstrated a bona fide intention to appeal and reasonable prospects of success, as the respondents were required to consider all relevant factors under Section 27 of the Act and the purpose of the licence was to replace an unsafe dam wall. No prejudice to the respondents was apparent....

Court Disposition

Application for condonation granted; delay in lodging the appeal condoned.

Orders

  • The application for condonation is granted.
  • The delay in lodging the appeal is hereby condoned.