TG Braaikuikens (Pty) Ltd and Another v MEC: Department of Water and Sanitation, Northern Cape Provincial Operations and Another (430/2025)
TG Braaikuikens (Pty) Ltd and Another v MEC: Department of Water and Sanitation, Northern Cape Provincial Operations and Another (430/2025) [2025] ZANCHC 36 (25 April 2025)
The court found that the respondents' closure of water supply to the applicant's properties constituted unlawful spoliation. The applicants were in peaceful and undisturbed possession of the water rights, and the respondents failed to comply with statutory requirements under section 59(4) of the Water Act by not providing a reasonable opportunity for representations before restricting supply. The court held that, in cases of insolvency, outstanding water charges for the period prior to sequestration must be proved against the insolvent estate in terms of section 44 of the Insolvency Act, and…
Source excerpt
- Mandament Van Spolie
- Water Rights
- Insolvent Estate Liabilities
- Administrative Action Review
- Preferent Claims
- Statutory Interpretation