South Africa Case Law

Kangra Coal (Pty) Ltd v The Trustees of the Time Being of the Corneels Greyling Trust and Others (1052/2023)

Kangra Coal (Pty) Ltd v The Trustees of the Time Being of the Corneels Greyling Trust and Others (1052/2023) [2025] ZASCA 9 (6 February 2025)

Court

Supreme Court of Appeal

Case number

1052/2023

Judges

Mocumie, Hughes, Weiner, Molefe, Chili

The Supreme Court of Appeal found that the respondents failed to establish actual harm or a reasonable apprehension of harm resulting from Kangra's mining and water use activities. The evidence showed that Kangra had operated the mine for over six years without any reduction in water or pollution, and the respondents relied only on speculative future harm. The expert report submitted by the respondents did not contradict Kangra's evidence or demonstrate any imminent threat. The Court held that the requirements for a final interdict were not satisfied, as the respondents did not prove the seco…

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• Water Use Licence
• Interdict Requirements
• Locus Standi
• National Water Act
• Environmental Authorisation

Trustees for the time being of the Corneels Greyling Trust and Another v Minister of Water and Sanitation and Others (2023 / 069111)

Trustees for the time being of the Corneels Greyling Trust and Another v Minister of Water and Sanitation and Others (2023 / 069111) [2023] ZAGPJHC 898 (11 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023 / 069111

Judge

du Plessis

The court found the applicants have locus standi both as a protected class under the National Water Act and by demonstrating actual harm to their water resources and livelihoods. The application was urgent, as harm to the environment and water supply could not be undone and substantial redress would not be available in due course. The appeal against the water use licence was validly lodged, as section 148(3) of the National Water Act allows appeals to be commenced within 30 days of the latest event, and the applicants lodged their appeal before receiving reasons but supplemented it after reas…

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• National Water Act
• Water Use Licence
• Suspension Pending Appeal
• Locus Standi
• Urgent Interdict
• Environmental Harm

Endangered Wildlife Trust and Another v Director General: Department of Water and Sanitation (Acting) and Another

Endangered Wildlife Trust and Another v Director General: Department of Water and Sanitation (Acting) and Another [2023] ZAGPPHC 310; A155/2019 (10 May 2023)

Court

North Gauteng High Court, Pretoria

Case number

A155/2019

Judges

Baloyi-Mere, Nyathi

The court found that the Water Tribunal had properly considered and balanced all relevant statutory and constitutional factors, including environmental sensitivity, strategic water source status, mitigation measures, and socio-economic impacts. The Tribunal did not err in law regarding the requirement for landowner consent, the application of the precautionary principle, or the provision for post-closure water treatment. The Tribunal's decision was informed by expert evidence, public participation, and compliance with national policy and legislative frameworks. The precautionary principle was…

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• Water Use Licence
• Precautionary Principle
• Protected Areas
• Burden Of Proof
• Sustainable Development
• Mining Authorisation

Die Louis & Madelize Van Zyl Trust v Department of Water and Sanitation and Another (WT0/21/EC)

Die Louis & Madelize Van Zyl Trust v Department of Water and Sanitation and Another (WT0/21/EC) [2023] ZAWT 2 (11 April 2023)

Court

Water Tribunal

Case number

WT0/21/EC

Judge

N Maake

The Water Tribunal upheld an appeal against refusal of a surface water use licence, finding the decision lacked a proper hydro calculation and reasons.

• Water Use Licence
• Irrationality Of Administrative Action
• Reserve Determination
• Historically Disadvantaged Individuals
• Promotion Of Administrative Justice Act
• Water-use-licence

Gace v Department of Water and Sanitation (WT 04/19/KZN)

Gace v Department of Water and Sanitation (WT 04/19/KZN) [2022] ZAWT 1 (31 May 2022)

Court

Water Tribunal

Case number

WT 04/19/KZN

Judges

T. Murombo, U. Mbeki

The Tribunal found that the appellant knowingly and wilfully contravened the National Water Act by constructing Dam 2 without the required water use licence and environmental authorisation, despite being fully aware of the legal requirements and receiving explicit guidance from the respondent. The directive issued under section 53(1) was found to be lawful, rational, and constitutionally sound, as it was aimed at rectifying an outright illegal act and restoring the environment to its prior state. The Tribunal rejected the appellant's argument that demolition of the dam amounted to deprivation…

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• National Water Act
• Unlawful Water Use
• Water Use Licence
• Environmental Authorisation
• Deprivation Of Property
• Compliance Enforcement

West Coast Environmental Protection Association v Minister: Department of Water and Sanitation and Others (WT01/17/WC)

West Coast Environmental Protection Association v Minister: Department of Water and Sanitation and Others (WT01/17/WC) [2022] ZAWT 5 (24 January 2022)

Court

Water Tribunal

Case number

WT01/17/WC

Judge

L Mbanjwa

The Water Tribunal dismissed an appeal against a water use licence for mining, finding no reviewable procedural unfairness, section 41(5) non-compliance, or inadequate safeguards.

• National Water Act
• Water Use Licence
• Precautionary Principle
• Public Participation
• Adaptive Management
• Environmental Impact Assessment

Ezulwini Mining Company Pty Ltd v Minister of Mineral Resources and Energy and Others (53379/2019)

Ezulwini Mining Company Pty Ltd v Minister of Mineral Resources and Energy and Others (53379/2019) [2021] ZAGPPHC 4 (15 January 2021)

Court

North Gauteng High Court, Pretoria

Case number

53379/2019

Judge

Fabricius

The court held that section 43(1) of the MPRDA and section 24R(1) of NEMA impose a statutory obligation on the holder of a mining right to continue pumping and treating extraneous water from underground workings until a closure certificate is issued. The language of the statutes is clear and must be interpreted in the context of the overall legislative scheme, which aims to ensure environmental protection and orderly mine closure. The court rejected EMC's argument that no independent obligation exists and found that the statutory provisions themselves create the obligation. The court also fou…

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• Mine Closure
• Environmental Authorisation
• Water Use Licence
• Statutory Interpretation
• Extraneous Water Pumping
• Environmental Liability

Wakkerstroom Natural Heritage Association v Dr Pixley ka Isaka Local Municipality (1765/19)

Wakkerstroom Natural Heritage Association v Dr Pixley ka Isaka Local Municipality (1765/19) [2019] ZAMPMHC 20 (29 October 2019)

Court

Middelburg High Court, Mpumalanga

Case number

1765/19

Judge

Brauckmann

The court barred further construction of a municipal pipeline until environmental authorisation was obtained and set aside the decision to proceed, finding irrationality and unlawful water use.

• Environmental Authorisation
• Water Use Licence
• Interdict
• Legality Review
• Endangered Ecosystem
• Public Interest

Escarpment Environment Protection Group v Director General : Department of Water and Sanitation and Others (WT 03/13/MP)

Escarpment Environment Protection Group v Director General : Department of Water and Sanitation and Others (WT 03/13/MP) [2019] ZAWT 2 (16 April 2019)

Court

Water Tribunal

Case number

WT 03/13/MP

Judges

T. Murombo, L. Mbanjwa, F. Zondagh

The Water Tribunal refused the respondents’ postponement request, granted a postponement to the appellant, and ordered a pre-hearing conference with updated expert minutes.

• Water Use Licence
• Postponement Of Hearing
• National Water Act
• Expert Evidence
• Administrative Delay
• Water-use-licence

Escarpment Environment Protection Group and Another v Director General : Department of Water and Sanitation and Another (WT 03/17/MP)

Escarpment Environment Protection Group and Another v Director General : Department of Water and Sanitation and Another (WT 03/17/MP) [2017] ZAWT 1 (27 November 2017)

Court

Water Tribunal

Case number

WT 03/17/MP

Judges

T. Murombo, L. Mbanjwa, F. Zondagh

Water Tribunal dismissed an appeal because the appellants had not timeously lodged a written objection and therefore lacked locus standi under section 148(1)(f) of the National Water Act.

• Water Use Licence
• Locus Standi
• Public Participation
• Procedural Fairness
• National Water Act
• Written Objection Requirement