South Africa Case Law

TG Braaikuikens (Pty) Ltd and Another v MEC: Department of Water and Sanitation, Northern Cape Provincial Operations and Another (430/2025)

TG Braaikuikens (Pty) Ltd and Another v MEC: Department of Water and Sanitation, Northern Cape Provincial Operations and Another (430/2025) [2025] ZANCHC 36 (25 April 2025)

Court

Northern Cape High Court, Kimberley

Case number

430/2025

Judge

Williams

The court found that the respondents' closure of water supply to the applicant's properties constituted unlawful spoliation. The applicants were in peaceful and undisturbed possession of the water rights, and the respondents failed to comply with statutory requirements under section 59(4) of the Water Act by not providing a reasonable opportunity for representations before restricting supply. The court held that, in cases of insolvency, outstanding water charges for the period prior to sequestration must be proved against the insolvent estate in terms of section 44 of the Insolvency Act, and…

Source excerpt

• Mandament Van Spolie
• Water Rights
• Insolvent Estate Liabilities
• Administrative Action Review
• Preferent Claims
• Statutory Interpretation

Conradie v Botes N.O and Others (3303/2019)

Conradie v Botes N.O and Others (3303/2019) [2025] ZAWCHC 178 (25 April 2025)

Court

Western Cape High Court, Cape Town

Case number

3303/2019

Judge

Parker

The High Court held that the applicant must pay costs after withdrawing a long-pending urgent application and failing to show exceptional circumstances.

• Withdrawal Of Application
• Costs Award
• Rule 41 Uniform Rules
• Interim Interdict
• Water Rights
• Withdrawal-of-application

Williams and Others v Dykrus (Pty) Limited (650/2022)

Williams and Others v Dykrus (Pty) Limited (650/2022) [2023] ZAMPMBHC 13 (24 February 2023)

Court

Mbombela High Court, Mpumalanga

Case number

650/2022

Judge

Sibuyi

Urgent spoliation relief over a water disconnection was refused because restoring the connection would require authorising an unlawful installation.

• Mandament Van Spolie
• Water Rights
• Unlawful Infringement
• Urgent Application
• Statutory Rights
• Mandament-van-spolie

Viljoen N.O and Others v Du Preez (13082/2020)

Viljoen N.O and Others v Du Preez (13082/2020) [2021] ZAWCHC 235 (16 November 2021)

Court

Western Cape High Court, Cape Town

Case number

13082/2020

Judge

Mangcu-Lockwood

The court ordered compliance with prior water-rights orders, referred one source dispute to oral evidence, granted an anti-assault interdict, and awarded costs.

• Water Rights
• Contempt Of Court
• Final Interdict
• Interim Interdict
• Self Help
• Assault And Threats

Le Roux NO and Others v Botha NO and Others (427/19)

Le Roux NO and Others v Botha NO and Others (427/19) [2020] ZASCA 67 (17 June 2020)

Court

Supreme Court of Appeal

Case number

427/19

Judges

Navsa, Mocumie, Makgoka, Ledwaba, Gorven

The appeal over water servitudes was resolved by consent. The Supreme Court of Appeal set aside the High Court order and made the agreed settlement an order of court.

• Servitude Of Aquaehaustus
• Servitude Of Aquaeductus
• Water Rights
• Environmental Authorisation
• Declaratory Relief
• Costs Order

Dunrose Investments 224 (Pty) Ltd v City of Johannesburg Metropolitan Municipality (16396/2019)

Dunrose Investments 224 (Pty) Ltd v City of Johannesburg Metropolitan Municipality (16396/2019) [2019] ZAGPJHC 220 (4 July 2019)

Court

South Gauteng High Court, Johannesburg

Case number

16396/2019

Judge

S C Mia

The court found that the applicant's right to water, while capable of protection by spoliation order, was not unlawfully interfered with in this case. The municipality followed statutory procedures by issuing pre-termination notices, allowing for representations, and attempting negotiations. The applicant failed to pay rates and charges, and the review of the municipal valuation did not defer payment obligations. The applicant also tampered with the water supply, justifying the municipality's removal of the water meter. The municipality acted lawfully under the Municipal Property Rates Act, M…

Source excerpt

• Municipal Services Termination
• Spoliation
• Water Rights
• Municipal Property Rates Act
• Urgent Interdict

Le Roux NO and Others v Botha NO and Others (5788/2016)

Le Roux NO and Others v Botha NO and Others (5788/2016) [2018] ZAWCHC 86 (3 July 2018)

Court

Western Cape High Court, Cape Town

Case number

5788/2016

Judge

A.G. Binns-Ward

High Court dispute over water servitudes and a replacement weir was dismissed because the applicants failed to prove exclusive rights or interference.

• Praedial Servitude
• Water Rights
• National Water Act
• Riparian Rights
• Environmental Authorisation
• Declaratory And Interdictory Relief

Walsh and Another v Rijks Cellar (Pty) Ltd (A305/2017)

Walsh and Another v Rijks Cellar (Pty) Ltd (A305/2017) [2018] ZAWCHC 25 (27 February 2018)

Court

Western Cape High Court, Cape Town

Case number

A305/2017

Judges

Gamble, Tonjeni

The court held that any procedural defect arising from the ex parte interim order was cured when the appellants anticipated the return day and argued the matter on the founding papers. The Magistrate properly exercised discretion regarding urgency, given the ongoing drought and imminent storm. The respondent established possession or quasi-possession of the pipeline, pump, and pump house under both the servitude agreement and the Water Act, entitling it to spoliatory relief. The mandement van spolie is available to protect such rights, and the respondent was unlawfully deprived of access by t…

Source excerpt

• Mandement Van Spolie
• Servitude Rights
• Urgent Application
• Possession
• Water Rights

Geldenhuys and Others v Cillie and Others (6928/2005)

Geldenhuys and Others v Cillie and Others (6928/2005) [2017] ZAWCHC 61 (30 May 2017)

Court

Western Cape High Court, Cape Town

Case number

6928/2005

Judge

Binns-Ward

The court rejected the Minister’s objections to declaratory relief over historic water-use rights, holding that the National Water Act did not oust jurisdiction.

• National Water Act
• Existing Lawful Water Use
• Declaratory Relief
• Water Rights
• Riparian Rights
• National-water-act

Lemoenshoek Plase (EDMS) BPK v Department van Waterwese and Others (17282/2014)

Lemoenshoek Plase (EDMS) BPK v Department van Waterwese and Others (17282/2014) [2015] ZAWCHC 123 (21 May 2015)

Court

Western Cape High Court, Cape Town

Case number

17282/2014

Judge

A P Blignault

The court set aside departmental water directives, holding they lacked a lawful basis, and granted interim relief permitting limited restoration of a water-diversion structure.

• Water Rights
• Existing Lawful Use
• Administrative Action Review
• Interim Interdict
• Servitude Creation
• Environmental Authorisation