Van Vuuren en Andere v Van Der Merwe en Andere (623/1989) [1991] ZASCA 116 (23 September 1991)

Van Vuuren en Andere v Van Der Merwe en Andere (623/1989) [1991] ZASCA 116 (23 September 1991)

The Supreme Court of Appeal held that the essential dispute between the parties concerned the right to construct a dam in a public stream, which directly implicated the use and application of public water. Section 40 of the Water Act, read with section 43, confers exclusive jurisdiction on water courts to adjudicate such matters. The Cape Provincial Division lacked jurisdiction to grant the relief sought, whether by way of declaratory order or interdict. The argument that the respondents had consented to the jurisdiction of the Cape Provincial Division was rejected, as there was no clear or explicit consent as required by statute. The appeal was dismissed with costs, including the costs...

Citation
[1991] ZASCA 116
Parties
Appellant: Jacobus Johannes Christoffeljansen Van Vuuren; Appellant: Sybrand Strauss Van Wyk; Appellant: Daniel Francois Hugo; Respondent: Charl Johannes Van Der Merwe; Respondent: Minister of Water Affairs; Respondent: W D Enright
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
23 September 1991
Case Number
623/1989
Procedural Posture
Civil Appeal / Appeal From the Cape Provincial Division Regarding Jurisdiction and Validity of Orders
Outcome
Appeal dismissed with costs, including costs of two counsel and costs related to condonation and supplementary affidavit.
Judges
Van Heerden, E M Grosskopf, Vivier, Eksteen, Van Coller
Legal Topics
Water Rights, Jurisdiction of Water Courts, Permit Validity, Statutory Interpretation
Land and Property Administrative Law Water Rights Jurisdiction of Water Courts Permit Validity Statutory Interpretation

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 4 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Jacobus Johannes Christoffeljansen Van Vuuren

Appellant

Sybrand Strauss Van Wyk

Appellant

Daniel Francois Hugo

Appellant

Charl Johannes Van Der Merwe

Respondent

Minister of Water Affairs

Respondent

W D Enright

Respondent

Procedural Posture

Civil Appeal / Appeal From the Cape Provincial Division Regarding Jurisdiction and Validity of Orders

Legal Issues

  1. 1 Whether the Cape Provincial Division had jurisdiction to hear the application regarding the construction of a dam on public water.
  2. 2 Whether the permit issued to the first respondent for the construction of the dam was valid.
  3. 3 Whether the Water Act required disputes of this nature to be heard exclusively by a water court.

Ratio Decidendi

The Supreme Court of Appeal held that the essential dispute between the parties concerned the right to construct a dam in a public stream, which directly implicated the use and application of public water. Section 40 of the Water Act, read with section 43, confers exclusive jurisdiction on water courts to adjudicate such matters. The Cape Provincial Division lacked jurisdiction to grant the relief sought, whether by way of declaratory order or interdict. The argument that the respondents had consented to the jurisdiction of the Cape Provincial Division was rejected, as there was no clear or explicit consent as required by statute. The appeal was dismissed with costs, including the costs...

Court Disposition

Appeal dismissed with costs, including costs of two counsel and costs related to condonation and supplementary affidavit.

Orders

  • The appeal is dismissed with costs, including the costs of two counsel.
  • The appellants are ordered to pay the costs incurred by their application for condonation and the filing of their supplementary affidavit dated 13 May 1991.