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Minister of Water and Sanitation and Another v Water Tribunal and Others (109636/2023) [2025] ZAGPPHC 624 (23 June 2025)
The High Court dismissed a review of a Water Tribunal decision, holding the application was instituted more than 180 days late under PAJA and could not proceed.
Endangered Wildlife Trust and Another v Director-General (Acting) Department of Water and Sanitation and Another (1165/2023) [2025] ZASCA 69 (29 May 2025)
The Supreme Court of Appeal held that the appeal under section 149(1) of the National Water Act is strictly limited to questions of law. The grounds advanced by the appellants were found to be factual disputes disguised as legal issues, with only the interpretation of section 24 of the Act qualifying as a legal question. The Tribunal and High Court were found to have properly considered all relevant statutory factors, including the strategic importance of the mining area, socio-economic impacts, and environmental risks. The water use licence contained sufficient conditions to address post-clo…
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Kangra Coal (Pty) Ltd v The Trustees of the Time Being of the Corneels Greyling Trust and Others (1052/2023) [2025] ZASCA 9 (6 February 2025)
The Supreme Court of Appeal found that the respondents failed to establish actual harm or a reasonable apprehension of harm resulting from Kangra's mining and water use activities. The evidence showed that Kangra had operated the mine for over six years without any reduction in water or pollution, and the respondents relied only on speculative future harm. The expert report submitted by the respondents did not contradict Kangra's evidence or demonstrate any imminent threat. The Court held that the requirements for a final interdict were not satisfied, as the respondents did not prove the seco…
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Citrusdal Beleggings (Pty) Ltd v Minister of Water and Sanitation (17606 / 2022) [2024] ZAWCHC 180 (12 July 2024)
The High Court held that the applicant was not entitled to spoliation relief after lawful expropriation and compensation, and dismissed the application with costs.
Featherbrooke Homeowners Association NPC v Mogale City Local Municipality (1106/2022) [2024] ZASCA 27 (22 March 2024)
The Supreme Court of Appeal remitted a flooding dispute to the High Court because the prior order failed to resolve liability for all cited state entities.
Forestry South Africa v Minister of Human Settlements, Water and Sanitation and Others (777/2022) and Minister of Human Settlements, Water and Sanitation and Others v Forestry South Africa (824/2022) [2023] ZASCA 153; [2024] 1 All SA 22 (SCA); 2024 (3) SA 400 (SCA) (15 November 2023)
The Supreme Court of Appeal held that the National Water Act recognises three distinct categories of existing lawful water use: authorised use, stream flow reduction activity, and controlled activity. Flow activity, specifically commercial afforestation, is not subject to the requirement of authorisation under prior law, but is based on property rights unless restricted by conditions or obligations in force at the commencement of the Act. Verification under s 35 is confined to determining lawfulness and extent as defined in s 32, and for flow activity, extent is measured by land use, not wate…
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EC Irka CC v Department of Water and Sanitation (WT01/20/EC) [2023] ZAWT 3 (15 November 2023)
The Tribunal found that the appellant, Irka CC, is an affected and interested party with locus standi to appeal the water use verification decision of the Department of Water and Sanitation regarding Farm 427. The Tribunal rejected the respondent's argument that only the owner of Farm 427 could be adversely affected, noting that both parties abstract water from the same source and the appellant's interests are directly impacted. The Tribunal held that non-joinder of Mount Africa Trading 1 CC, as owner of Farm 427, was not fatal and could be remedied by joining it as a party, which was subsequ…
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Avgold Limited and Another v Minister of Water and Sanitation and Others (039650 /2023) [2023] ZAGPPHC 1892 (27 October 2023)
The court granted an urgent interim interdict suspending a water directive, finding procedural unfairness and that immediate compliance would cause severe harm.
Trustees for the time being of the Corneels Greyling Trust and Another v Minister of Water and Sanitation and Others (2023 / 069111) [2023] ZAGPJHC 898 (11 August 2023)
The court found the applicants have locus standi both as a protected class under the National Water Act and by demonstrating actual harm to their water resources and livelihoods. The application was urgent, as harm to the environment and water supply could not be undone and substantial redress would not be available in due course. The appeal against the water use licence was validly lodged, as section 148(3) of the National Water Act allows appeals to be commenced within 30 days of the latest event, and the applicants lodged their appeal before receiving reasons but supplemented it after reas…
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Thungela Operations (Pty) Ltd v Chief Director, Water Use License Management: Department Of Water And Sanitation and Others (WT04/22/GP) [2023] ZAWT 1 (26 April 2023)
The Tribunal found that the appellant failed to provide sufficient and reliable geohydrological and geochemical data from the open pit area, resulting in inadequate modelling of groundwater impacts and post-mining water contamination. The mitigation measures proposed for acid mine drainage and wetland loss were found to be insufficient, particularly for long-term post-closure impacts. The appellant did not submit a formal, motivated application for exemption from GN704 regulations, and the cumulative impacts on already degraded water resources were not properly addressed. Socio-economic benef…
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