South Africa Case Law

Kloppers v Department of Water And Sanitation (WT01/21/GP)

Kloppers v Department of Water And Sanitation (WT01/21/GP) [2022] ZAWT 3 (4 July 2022)

Court

Water Tribunal

Case number

WT01/21/GP

Judges

Robert Mokgalabone, Unathi Mbeki

The Water Tribunal found that the Appellant constructed and used dams 4 and 5 for water storage before obtaining the necessary authorisation, in breach of the National Water Act and departmental policy. The evidence established that the dams were built instream in a water stressed area, and the Appellant unlawfully stored water beyond the allocated volumes, negatively impacting downstream users. The Tribunal accepted the Respondent's reasons for declining the application, which were based on sound environmental and policy grounds, including site visits and analysis. The Appellant failed to di…

Source excerpt

• Water Use Licensing
• National Water Act
• Environmental Authorisation
• Unlawful Water Storage
• Downstream User Protection

Neethling v Department of Water Affairs and Forestry (WT 21/06/2006)

Neethling v Department of Water Affairs and Forestry (WT 21/06/2006) [2009] ZAWT 1 (22 May 2009)

Court

Water Tribunal

Case number

WT 21/06/2006

Judges

LJ Lekale, W Singo, H Thompson, A S Makhanya, A S Hadebe

The Water Tribunal dismissed an appeal against a directive under the National Water Act, finding the appellant had raised weirs and stored water without authorization.

• Water Use Authorisation
• National Water Act Section 53
• Unlawful Water Storage
• Licensing Of Water Uses
• Water-use-authorisation
• National-water-act