Escarpment Environment Protection Group and Another v Department of Water Affairs and Another (WT 03/06/2010) [2011] ZAWT 13 (21 July 2011)

Escarpment Environment Protection Group and Another v Department of Water Affairs and Another (WT 03/06/2010) [2011] ZAWT 13 (21 July 2011)

The Tribunal held that only objectors who responded to a public notice under section 41(4) of the National Water Act have standing to appeal to the Tribunal under section 148(1)(f). The appellants lodged unsolicited written objections, but no public notice was issued. A strict, literal interpretation of the relevant provisions does not offend the Constitution and is consistent with legislative intent. Extending standing to other objectors would amount to judicial overreach and is not supported by the Constitution or the Promotion of Administrative Justice Act. The Tribunal found that the appellants are not the kind of objectors contemplated by the Act and are therefore non-suited to bring...

Citation
[2011] ZAWT 13
Parties
Appellant: Escarpment Environment Protection Group; Appellant: Wonderfontein Environmental Committee; Respondent: Department of Water Affairs; Respondent: Exxaro Coal (Pty) Ltd
Court
Water Tribunal
Jurisdiction
South Africa
Judgment Date
21 July 2011
Case Number
WT 03/06/2010
Procedural Posture
Civil Appeal / Appeal Ruling on Locus Standi
Outcome
Appeal dismissed for lack of standing.
Judges
LJ Lekale, H Thompson, A.S Makhanya
Legal Topics
National Water Act, Locus Standi, Internal Appeal Rights, Public Participation, Promotion of Administrative Justice Act
Administrative Law Environmental Law National Water Act Locus Standi Internal Appeal Rights Public Participation Promotion of Administrative Justice Act

Case Brief

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Parties

Escarpment Environment Protection Group

Appellant

Wonderfontein Environmental Committee

Appellant

Department of Water Affairs

Respondent

Exxaro Coal (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal Ruling on Locus Standi

Legal Issues

  1. 1 Whether the appellants have locus standi to lodge the present appeal under section 148(1)(f) of the National Water Act.
  2. 2 Whether the absence of a public notice under section 41(4) of the National Water Act affects the appellants' right to appeal.
  3. 3 Whether a strict or liberal interpretation of the National Water Act is constitutionally required.

Ratio Decidendi

The Tribunal held that only objectors who responded to a public notice under section 41(4) of the National Water Act have standing to appeal to the Tribunal under section 148(1)(f). The appellants lodged unsolicited written objections, but no public notice was issued. A strict, literal interpretation of the relevant provisions does not offend the Constitution and is consistent with legislative intent. Extending standing to other objectors would amount to judicial overreach and is not supported by the Constitution or the Promotion of Administrative Justice Act. The Tribunal found that the appellants are not the kind of objectors contemplated by the Act and are therefore non-suited to bring...

Court Disposition

Appeal dismissed for lack of standing.

Orders

  • The appellants have no standing to lodge the present appeal.
  • The appeal is dismissed.