South Africa Case Law

Forestry South Africa v Minister of Human Settlements, Water and Sanitation and Others (777/2022) and Minister of Human Settlements, Water and Sanitation and Others v Forestry South Africa (824/2022)

Forestry South Africa v Minister of Human Settlements, Water and Sanitation and Others (777/2022) and Minister of Human Settlements, Water and Sanitation and Others v Forestry South Africa (824/2022) [2023] ZASCA 153; [2024] 1 All SA 22 (SCA); 2024 (3) SA 400 (SCA) (15 November 2023)

Court

Supreme Court of Appeal

Case number

777/2022; 824/2022

Judges

Mocumie JA, Mothle JA, Weiner JA, Windell AJA, Unterhalter AJA

The Supreme Court of Appeal held that the National Water Act recognises three distinct categories of existing lawful water use: authorised use, stream flow reduction activity, and controlled activity. Flow activity, specifically commercial afforestation, is not subject to the requirement of authorisation under prior law, but is based on property rights unless restricted by conditions or obligations in force at the commencement of the Act. Verification under s 35 is confined to determining lawfulness and extent as defined in s 32, and for flow activity, extent is measured by land use, not wate…

Source excerpt

• National Water Act
• Statutory Interpretation
• Existing Lawful Water Use
• Stream Flow Reduction Activity
• Verification Of Water Use
• Afforestation Regulation

Michden Family Trust v The Acting Provincial Head: Mpumalanga Department of Water And Sanitation (WT05/17/MP)

Michden Family Trust v The Acting Provincial Head: Mpumalanga Department of Water And Sanitation (WT05/17/MP) [2021] ZAWT 4 (28 June 2021)

Court

Water Tribunal

Case number

WT05/17/MP

Judge

L Mbanjwa

The Water Tribunal set aside a directive against a farming trust, finding its water use had already been verified as lawful and that the Act did not require naming a specific source.

• National Water Act
• Existing Lawful Water Use
• Verification Of Water Use
• Administrative Action
• Rectification Of Contravention
• National-water-act

De Mona Eindomme CC v Department of Water Affairs (WT 24/11/2010)

De Mona Eindomme CC v Department of Water Affairs (WT 24/11/2010) [2011] ZAWT 3 (19 May 2011)

Court

Water Tribunal

Case number

WT 24/11/2010

Judges

W Singo, H Thompson, A S Makhanya

The Water Tribunal refused condonation for a late appeal against a water-use verification decision, finding no reasonable explanation for a delay of about a year.

• National Water Act
• Condonation
• Late Appeal
• Verification Of Water Use
• Late-appeal
• Water-law

De Mona Eiendomme CC v The Department Of Water Affairs (WT 24/11/2010)

De Mona Eiendomme CC v The Department Of Water Affairs (WT 24/11/2010) [2011] ZAWT 15 (19 May 2011)

Court

Water Tribunal

Case number

WT 24/11/2010

Judges

W Singo, H Thompson, AS Makhanya

The Water Tribunal refused condonation for an appeal lodged about a year late against verification of existing lawful water use.

• National Water Act
• Condonation
• Late Appeal
• Verification Of Water Use
• Late-appeal
• Water-use-verification

Barnard v Department of Water Affairs and Forestry (WT02/04/2009)

Barnard v Department of Water Affairs and Forestry (WT02/04/2009) [2009] ZAWT 19 (17 November 2009)

Court

Water Tribunal

Case number

WT 02/04/2007

Judges

L.J Lekale, A.S Makhanya, H Thompson

The Water Tribunal set aside a directive under section 53(1) of the National Water Act because the alleged contravention was not clearly established.

• National Water Act
• Water Use Directives
• Administrative Appeal
• Verification Of Water Use
• National-water-act
• Water-use-directives