Gace v Department of Water and Sanitation (WT 04/19/KZN)
Gace v Department of Water and Sanitation (WT 04/19/KZN) [2022] ZAWT 1 (31 May 2022)
The Tribunal found that the appellant knowingly and wilfully contravened the National Water Act by constructing Dam 2 without the required water use licence and environmental authorisation, despite being fully aware of the legal requirements and receiving explicit guidance from the respondent. The directive issued under section 53(1) was found to be lawful, rational, and constitutionally sound, as it was aimed at rectifying an outright illegal act and restoring the environment to its prior state. The Tribunal rejected the appellant's argument that demolition of the dam amounted to deprivation…
Source excerpt
- National Water Act
- Unlawful Water Use
- Water Use Licence
- Environmental Authorisation
- Deprivation Of Property
- Compliance Enforcement