South Africa Case Law

Du Preez and Others v Viljoen NO and Others (A174/2016)

Du Preez and Others v Viljoen NO and Others (A174/2016) [2017] ZAWCHC 113 (11 October 2017)

Court

Western Cape High Court, Cape Town

Case number

A174/2016

Judges

A.G. Binns-Ward, D.V. Dlodlo, C.M. Fortuin

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…

Source excerpt

• National Water Act
• Interim Interdict
• Existing Lawful Water Use
• Riparian Rights
• Servitude Of Aqueduct
• Urgent Application

Diamond Core Mining & Operation (Pty) Ltd v De Venter N.O and Others (299/05)

Diamond Core Mining & Operation (Pty) Ltd v De Venter N.O and Others (299/05) [2005] ZANCHC 98 (9 September 2005)

Court

Northern Cape High Court, Kimberley

Case number

299/05

Judge

Majiedt

The High Court granted spoliation relief, finding the applicant had peaceful possession of a water pipeline and related rights, and had not abandoned them.

• Mandament Van Spolie
• Possession
• Servitude Of Aqueduct
• Delay In Application
• Peaceful And Undisturbed Possession
• Mandament-van-spolie