Werda Handel (Pty) Ltd and Another v Director General: Department of Water and Sanitation and Another (WT25/03/2015) [2017] ZAWT 4 (9 February 2017)

Werda Handel (Pty) Ltd and Another v Director General: Department of Water and Sanitation and Another (WT25/03/2015) [2017] ZAWT 4 (9 February 2017)

The Tribunal found that the appellants' letter of 13 December 2013 to the EAP constituted a valid objection to the integrated water use licence application by Tshedza Mining. The letter raised substantive concerns about groundwater impacts and post-closure water pollution, and was filed well in advance of the decision to grant the licence. The Tribunal rejected the respondents' arguments that the objection was pro forma, untimely, or addressed to the wrong party, holding that the National Water Act and relevant case law require a liberal and inclusive approach to objections. The Tribunal further held that the subsequent letter of 27 January 2015 to the DG was also a valid objection, as it...

Citation
[2017] ZAWT 4
Parties
Appellant: Werda Handel (Pty) Ltd; Appellant: Fournel (Pty) Ltd; Respondent: Director General: Department of Water and Sanitation; Respondent: Tshedza Mining Resources (Pty) Ltd: Manungu Colliery
Court
Water Tribunal
Jurisdiction
South Africa
Judgment Date
9 February 2017
Case Number
WT25/03/2015
Procedural Posture
Civil Appeal / Preliminary Point on Standing to Appeal Under Section 148(1)(f) of the National Water Act
Outcome
Preliminary point dismissed. The appellants have standing to appeal under section 148(1)(f) of the National Water Act.
Judges
T Murombo, TAN Makhubele SC, MMD Nkomo
Legal Topics
Water Use Licence, Public Participation, Procedural Fairness, National Water Act, Environmental Authorisation
Administrative Law Environmental Law Water Use Licence Public Participation Procedural Fairness National Water Act Environmental Authorisation

Case Brief

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Parties

Werda Handel (Pty) Ltd

Appellant

Fournel (Pty) Ltd

Appellant

Director General: Department of Water and Sanitation

Respondent

Tshedza Mining Resources (Pty) Ltd: Manungu Colliery

Respondent

Procedural Posture

Civil Appeal / Preliminary Point on Standing to Appeal Under Section 148(1)(f) of the National Water Act

Legal Issues

  1. 1 Whether the appellants are persons who have timeously lodged a written objection against the application for a water use licence as required by section 148(1)(f) of the National Water Act.
  2. 2 Whether the letters submitted by the appellants constitute valid objections for the purposes of standing to appeal to the Water Tribunal.
  3. 3 Whether the objections were lodged within a reasonable time to be considered by the decision maker.

Ratio Decidendi

The Tribunal found that the appellants' letter of 13 December 2013 to the EAP constituted a valid objection to the integrated water use licence application by Tshedza Mining. The letter raised substantive concerns about groundwater impacts and post-closure water pollution, and was filed well in advance of the decision to grant the licence. The Tribunal rejected the respondents' arguments that the objection was pro forma, untimely, or addressed to the wrong party, holding that the National Water Act and relevant case law require a liberal and inclusive approach to objections. The Tribunal further held that the subsequent letter of 27 January 2015 to the DG was also a valid objection, as it...

Court Disposition

Preliminary point dismissed. The appellants have standing to appeal under section 148(1)(f) of the National Water Act.

Orders

  • The preliminary point raised by the Director General and Tshedza Mining is dismissed.
  • The appellants are recognised as persons who timeously lodged a written objection against the application for an integrated water use licence by Tshedza Mining.