Rand Water Board v Rautenbach and Another (4654/2019)
Rand Water Board v Rautenbach and Another (4654/2019) [2022] ZAGPPHC 497 (13 July 2022)
The court found that there are material disputes of fact regarding whether consent for the encroachments was granted, the extent and materiality of the encroachments, and their impact on Rand Water's constitutional and statutory obligations. These disputes cannot be resolved on paper and require oral evidence and factual determination at trial. The interests of justice demand that the matter be referred to trial, where the parties can fully ventilate the issues and present expert evidence if necessary. The application and counter-application are thus not decided on the papers, and the matter…
Source excerpt
- Servitude Encroachment
- Consent To Development
- Access To Water
- Constitutional Obligations
- Disputes Of Fact
- Referral To Trial