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South Africa Case Law

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Administrative Law [2022] ZAWT 2

Ramaliane Trust v The Department of Water and Sanitation (WT03/19/LMP)

Ramaliane Trust v The Department of Water and Sanitation (WT03/19/LMP) [2022] ZAWT 2 (14 July 2022)

The Water Tribunal dismissed Ramaliane Trust’s appeal against refusal of a water use licence, holding the catchment was stressed and the refusal left existing lawful uses intact.

  • Water Use Licensing
  • National Water Act
  • Environmental Authorisation
  • Catchment Management
  • Public Participation
  • Existing Lawful Water Use
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Administrative Law [2021] ZAWT 6

Shprite Checkers Pty Ltd v Department Of Water And Sanitation and Another (WT04/19/WC)

Shprite Checkers Pty Ltd v Department Of Water And Sanitation and Another (WT04/19/WC) [2021] ZAWT 6 (2 August 2021)

A Water Tribunal appeal over refusal of a water use licence settled before the full hearing, and the parties’ agreement was made an order of the Tribunal.

  • Water Use Licensing
  • National Water Act
  • Settlement Agreement
  • Catchment Management
  • Socio Economic Considerations
  • Water-use-licensing
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Administrative Law [2011] ZAWT 8

Rabe KHH (Estate) v Director-General, Department of Water Affairs and Forestry (WT8/R1)

Rabe KHH (Estate) v Director-General, Department of Water Affairs and Forestry (WT8/R1) [2011] ZAWT 8 (1 January 2011)

The Water Tribunal upheld an appeal against refusal of a stream flow reduction licence for afforestation, finding the authority failed to apply its mind properly.

  • Discretionary Power
  • Water Use Licensing
  • National Water Act
  • Administrative Justice
  • Catchment Management
  • Administrative-law
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Administrative Law [2011] ZAWT 9

Filter v Director-General, Department of Water Affairs and Forestry (WT4/F1)

Filter v Director-General, Department of Water Affairs and Forestry (WT4/F1) [2011] ZAWT 9 (1 January 2011)

The Water Tribunal set aside the Director-General’s refusal of a 75 ha afforestation licence, finding unfair procedure and an improper fetter on discretion.

  • Natural Justice
  • Water Use Licensing
  • Ministerial Discretion
  • Catchment Management
  • Afforestation Permits
  • Natural-justice
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.