South Africa Case Law

African Realty Trust (Pty) Ltd v Acting Director-General Department of Water and Sanitation (WT03/20/LMP)

African Realty Trust (Pty) Ltd v Acting Director-General Department of Water and Sanitation (WT03/20/LMP) [2021] ZAWT 1 (9 March 2021)

Court

Water Tribunal

Case number

WT03/20/LMP

Judges

T. Murombo, U. Mbeki

Water Tribunal upheld an appeal against refusal of a water use licence for two holding dams, finding the decision relied on outdated information and ignored expert evidence.

• Water Use Licensing
• National Water Act
• Environmental Authorisation
• Administrative Reasonableness
• Balancing Storage Dams
• Compulsory Licensing

Shalom Trust and Others v Department of Water and Sanitation and Others (WT 259/16/CPT)

Shalom Trust and Others v Department of Water and Sanitation and Others (WT 259/16/CPT) [2019] ZAWT 4 (29 March 2019)

Court

Water Tribunal

Case number

WT 259/16/CPT

Judge

F Zondagh

The Water Tribunal found that it lacked jurisdiction to hear an appeal against refusal of a water use licence where a final allocation schedule exists under section 47 of the National Water Act. The Tribunal held that the appellants did not have locus standi, as the trust must act through its trustees and beneficiaries have no direct standing. The evidence established that all allocable water in the relevant catchment had been exhausted, with the remainder reserved for the Namaqua project in accordance with statutory and policy requirements. The Tribunal accepted that the administrative proce…

Source excerpt

• Water Use Licensing
• Allocation Of Natural Resources
• Compulsory Licensing
• Locus Standi
• Gender And Race Redress
• Administrative Review