Wessels v Department of Water Affairs and Forestry (WT 13/03/2006) [2009] ZAWT 2 (8 January 2009)

Wessels v Department of Water Affairs and Forestry (WT 13/03/2006) [2009] ZAWT 2 (8 January 2009)

The Water Tribunal found that it lacked jurisdiction to order the Department of Water Affairs and Forestry to finalize the appellant's licence application, as no such power is conferred by the National Water Act. The Tribunal is limited to the powers expressly granted by statute and cannot direct administrative action outside its mandate. However, the Tribunal recognized the practical dilemma created by the Department's invitation to apply for a licence for an unlawful water use and the prejudice that could result if the dam were destroyed before the application was determined. To address this, the Tribunal amended the directive to require the appellant to make changes to the dam to...

Citation
[2009] ZAWT 2
Parties
Appellant: G M Wessels; Respondent: Department of Water Affairs and Forestry
Court
Water Tribunal
Jurisdiction
South Africa
Judgment Date
8 January 2009
Case Number
WT 13/03/2006
Procedural Posture
Civil Appeal / Appeal Decision
Outcome
Appeal dismissed in respect of the relief sought; directive amended to require cessation of water storage and compliance with environmental safeguards; file closed.
Judges
L. J. Lekale, W. Singo, H. Thompson, A. S. Makhanya, A. S. Hadebe
Legal Topics
Water Use Authorisation, Jurisdiction of Tribunal, Directive Compliance, Licence Application, Environmental Management
Administrative Law Environmental Law Water Use Authorisation Jurisdiction of Tribunal Directive Compliance Licence Application Environmental Management

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 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

G M Wessels

Appellant

Department of Water Affairs and Forestry

Respondent

Procedural Posture

Civil Appeal / Appeal Decision

Legal Issues

  1. 1 Does the Water Tribunal have jurisdiction to direct the Department of Water Affairs and Forestry to finalize the appellant's licence application.
  2. 2 What suitable ruling should the Tribunal make if it lacks jurisdiction to grant the relief sought.
  3. 3 How should the directive issued by the Department be amended in light of the appellant's circumstances.

Ratio Decidendi

The Water Tribunal found that it lacked jurisdiction to order the Department of Water Affairs and Forestry to finalize the appellant's licence application, as no such power is conferred by the National Water Act. The Tribunal is limited to the powers expressly granted by statute and cannot direct administrative action outside its mandate. However, the Tribunal recognized the practical dilemma created by the Department's invitation to apply for a licence for an unlawful water use and the prejudice that could result if the dam were destroyed before the application was determined. To address this, the Tribunal amended the directive to require the appellant to make changes to the dam to...

Court Disposition

Appeal dismissed in respect of the relief sought; directive amended to require cessation of water storage and compliance with environmental safeguards; file closed.

Orders

  • The Water Tribunal has no jurisdiction to direct the Department of Water Affairs and Forestry to finalize the licence application.
  • The directive issued by the Department dated 13 February 2006 is amended to require the appellant to make necessary changes to the dam wall and related infrastructure before 31 April 2009 to prevent water storage, under the supervision of a registered professional engineer.