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South Africa decisions
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Karan t/a Karan Feedlot v Minister of Water and Sanitation (81265/17) [2019] ZAGPPHC 572 (11 October 2019)
The High Court held the applicant was not liable for disputed water charges drawn directly from the Suikerbosrand River and granted interdictory and declaratory relief.
De Lange NO v Minister of Water and Environmental Affairs (81/2018) [2019] ZASCA 59; 2019 (4) SA 445 (SCA) (17 April 2019)
The SCA held that a damages claim over failed irrigation canals had prescribed because the cause of action arose when the canals became inoperable in 2003.
Le Roux NO and Others v Botha NO and Others (5788/2016) [2018] ZAWCHC 86 (3 July 2018)
High Court dispute over water servitudes and a replacement weir was dismissed because the applicants failed to prove exclusive rights or interference.
Du Preez and Others v Viljoen NO and Others (A174/2016) [2017] ZAWCHC 113 (11 October 2017)
The court found that the probabilities strongly favoured the respondents' assertion that the upper furrow had not been used during the statutory window period required by the National Water Act. Therefore, the appellants' current abstraction of water via the furrow did not qualify as an existing lawful water use and was unlawful absent a licence. The respondents had a prima facie right to the water flowing down the Watervalstroom, and the diversion by the appellants caused irreparable harm by depriving them of water needed for irrigation. The balance of convenience favoured the respondents, a…
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Geldenhuys and Others v Cillie and Others (6928/2005) [2017] ZAWCHC 61 (30 May 2017)
The court rejected the Minister’s objections to declaratory relief over historic water-use rights, holding that the National Water Act did not oust jurisdiction.
Becker v Department of Water Affairs and Another (WT 26/11/2010) [2011] ZAWT 12 (21 July 2011)
Water Tribunal granted condonation for the late lodging of appeals over verification of existing lawful water use on two farms.
Gerber and Another v Gerber and Others (907/09) [2009] ZAECPEHC 32 (9 July 2009)
The court granted urgent spoliation relief over Braam River water use, ordering removal of unauthorised weirs and pipes and interdicting further interference.
Hexvallei Besproeiingsraad and Another v Geldenhuys N.O and Others (307/07) [2008] ZASCA 69; [2008] 4 All SA 160 (SCA); 2009 (1) SA 547 (SCA) (30 May 2008)
The Supreme Court of Appeal upheld a declaratory order stopping diversion of Spekrivier water to Inverdoorn beyond the 1960 court order.
Stoffberg en Andere v All Stones Bk en Andere, All Stones Bk en Andere v Waaihoek Besproeiingsraad en Andere (10/98, 495/97) [2000] ZASCA 3; [2000] 2 All SA 8 (A); [2000] JOL 6281 (A) (16 March 2000)
The SCA held that a 1822 water settlement did not give Olifantsberg owners rights to Waaihoekkloof water, and dismissed the related claims.
Transvaal Canoe Union and Another v Garbett and Another (3/92) [1993] ZASCA 114; 1993 (4) SA 829 (AD); [1993] 2 All SA 601 (A) (6 September 1993)
The Supreme Court of Appeal held that, under South African common law, the public's right to use a public river does not include an unrestricted right to portage canoes along privately owned riverbanks. Portage is not a necessary incident of navigation on a public river, especially where the activity is competitive canoe racing rather than mere recreational boating. The evidence showed that the portage sought by appellants involved significant encroachment and potential damage to private property, and was not confined to a reasonable or defined area. The relief sought was overly broad and not…
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