Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
2 court collections
Last checked

South Africa decisions

Decisions matching the current search

Clear filters
Administrative Law [2023] ZACC 9

Minister of Water and Sanitation and Others v Lotter N.O. and Others; Minister of Water and Sanitation and Others v Wiid and Others; Minister of Water and Sanitation v South African Association for Water Users Associations (CCT 387/21)

Minister of Water and Sanitation and Others v Lotter N.O. and Others; Minister of Water and Sanitation and Others v Wiid and Others; Minister of Water and Sanitation v South African Association for Water Users Associations (CCT 387/21) [2023] ZACC 9; 2023 (6) BCLR 763 (CC); 2023 (4) SA 434 (CC) (15 March 2023)

The Constitutional Court held that section 25(1) of the National Water Act permits a water management institution to authorise the holder of a water use entitlement to allow use of water on another property by a third party. The grammatical and contextual reading of the section supports this interpretation, and there is no statutory language limiting use to the holder alone. Section 25(2) similarly allows the surrender of an entitlement to facilitate a licence application by any person, not only the holder. The Act does not prohibit the charging of a fee for such transactions; sections 26(1)(…

  • National Water Act
  • Transfer Of Water Use Entitlements
  • Bill Of Rights Limitation
  • Compensation For Water Rights
  • Statutory Interpretation
  • Redress For Past Discrimination
Read case analysis
Administrative Law [2020] ZAECGHC 119

Ramah Farming v Great Fish River Water Users Association and Others (2614/2019)

Ramah Farming v Great Fish River Water Users Association and Others (2614/2019) [2020] ZAECGHC 119; 2021 (2) SA 547 (ECG) (13 October 2020)

The court held that the National Water Act does not permit the disputed retention and sale of water use entitlements as done here, and granted declaratory relief.

  • National Water Act
  • Existing Lawful Water Use
  • Transfer Of Water Use Entitlements
  • Statutory Interpretation
  • Declaratory Relief
  • National-water-act
Read case analysis

About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.