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)(…
Source excerpt
- National Water Act
- Transfer Of Water Use Entitlements
- Bill Of Rights Limitation
- Compensation For Water Rights
- Statutory Interpretation
- Redress For Past Discrimination