Wakkerstroom Natural Heritage Association v Dr Pixley ka Isaka Local Municipality (1765/19) [2019] ZAMPMHC 20 (29 October 2019)

Wakkerstroom Natural Heritage Association v Dr Pixley ka Isaka Local Municipality (1765/19) [2019] ZAMPMHC 20 (29 October 2019)

The court found that the applicant acted expeditiously upon learning of the project and explained any delay in bringing the review application. The municipality failed to provide the required Environmental Authorisation under NEMA and did not obtain an additional water use licence for the increased abstraction from Martins dam. Expert evidence established that the pipeline traverses an endangered ecosystem and undisturbed road reserve, triggering listed activities requiring authorisation. The municipality's reliance on advice from the provincial department was unsupported by affidavit evidence and amounted to hearsay. The decision to proceed with the project was based on flawed and...

Citation
[2019] ZAMPMHC 20
Parties
Applicant: Wakkerstroom Natural Heritage Association; Respondent: Dr Pixley ka Isaka Local Municipality
Court
Middelburg High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
29 October 2019
Case Number
1765/19
Procedural Posture
Urgent Application / Judgment on Merits and Relief
Outcome
Application granted. Interdicts and review relief awarded in favour of the applicant. Costs awarded against the municipality.
Judges
Brauckmann
Legal Topics
Environmental Authorisation, Water Use Licence, Interdict, Legality Review, Endangered Ecosystem, Public Interest
Environmental Law Administrative Law Environmental Authorisation Water Use Licence Interdict Legality Review Endangered Ecosystem Public Interest

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Parties

Wakkerstroom Natural Heritage Association

Applicant

Dr Pixley ka Isaka Local Municipality

Respondent

Procedural Posture

Urgent Application / Judgment on Merits and Relief

Legal Issues

  1. 1 Whether the applicant is entitled to an interdict preventing further construction of the pipeline project until an Environmental Authorisation is obtained.
  2. 2 Whether the applicant is entitled to an interdict preventing abstraction of water from Martins dam in excess of the current water use licence.
  3. 3 Whether the applicant is entitled to an order reviewing and setting aside the municipality's decision to construct the pipeline project.

Ratio Decidendi

The court found that the applicant acted expeditiously upon learning of the project and explained any delay in bringing the review application. The municipality failed to provide the required Environmental Authorisation under NEMA and did not obtain an additional water use licence for the increased abstraction from Martins dam. Expert evidence established that the pipeline traverses an endangered ecosystem and undisturbed road reserve, triggering listed activities requiring authorisation. The municipality's reliance on advice from the provincial department was unsupported by affidavit evidence and amounted to hearsay. The decision to proceed with the project was based on flawed and...

Court Disposition

Application granted. Interdicts and review relief awarded in favour of the applicant. Costs awarded against the municipality.

Orders

  • The first, third and eighth respondents are interdicted and prevented from further constructing the Martins dam pipeline project until an Environmental Authorisation is obtained.
  • The first, third and eighth respondents are interdicted from abstraction of any water from Martins dam via the pipeline project in excess of what is permitted by the current water use licence or any future licence.