South Africa Case Law

Endangered Wildlife Trust and Another v Director-General (Acting) Department of Water and Sanitation and Another (1165/2023)

Endangered Wildlife Trust and Another v Director-General (Acting) Department of Water and Sanitation and Another (1165/2023) [2025] ZASCA 69 (29 May 2025)

Court

Supreme Court of Appeal

Case number

1165/2023

Judges

Schippers, Hughes, Weiner, Smith, Vally

The Supreme Court of Appeal held that the appeal under section 149(1) of the National Water Act is strictly limited to questions of law. The grounds advanced by the appellants were found to be factual disputes disguised as legal issues, with only the interpretation of section 24 of the Act qualifying as a legal question. The Tribunal and High Court were found to have properly considered all relevant statutory factors, including the strategic importance of the mining area, socio-economic impacts, and environmental risks. The water use licence contained sufficient conditions to address post-clo…

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• National Water Act
• Water Use Licensing
• Precautionary Principle
• Public Participation
• Judicial Bias
• Costs In Constitutional Litigation

De Jager N.O and Others v Minister of Water Affairs and Others (5481/2022)

De Jager N.O and Others v Minister of Water Affairs and Others (5481/2022) [2025] ZAMPMHC 8 (25 February 2025)

Court

Middelburg High Court, Mpumalanga

Case number

5481/2022

Judge

Vele

The court ordered enforcement of water and mining directives against Rietspruit Crushers, holding that business rescue did not suspend compliance or administrative enforcement.

• Water Use Licensing
• Mining Directives
• Environmental Compliance
• Business Rescue Protection
• Judicial Review Under Paja
• Enforcement Of Administrative Action

Thungela Operations (Pty) Ltd v Chief Director, Water Use License Management: Department Of Water And Sanitation and Others (WT04/22/GP)

Thungela Operations (Pty) Ltd v Chief Director, Water Use License Management: Department Of Water And Sanitation and Others (WT04/22/GP) [2023] ZAWT 1 (26 April 2023)

Court

Water Tribunal

Case number

WT04/22/GP

Judges

T. Murombo, S. Kvalsvig, U. Mbeki

The Tribunal found that the appellant failed to provide sufficient and reliable geohydrological and geochemical data from the open pit area, resulting in inadequate modelling of groundwater impacts and post-mining water contamination. The mitigation measures proposed for acid mine drainage and wetland loss were found to be insufficient, particularly for long-term post-closure impacts. The appellant did not submit a formal, motivated application for exemption from GN704 regulations, and the cumulative impacts on already degraded water resources were not properly addressed. Socio-economic benef…

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• Water Use Licensing
• National Water Act
• Acid Mine Drainage
• Wetland Protection
• Environmental Authorisation
• Public Interest Balancing

Ramaliane Trust v The Department of Water and Sanitation (WT03/19/LMP)

Ramaliane Trust v The Department of Water and Sanitation (WT03/19/LMP) [2022] ZAWT 2 (14 July 2022)

Court

Water Tribunal

Case number

WT03/19/LMP

Judge

T. Murombo

The Water Tribunal dismissed Ramaliane Trust’s appeal against refusal of a water use licence, holding the catchment was stressed and the refusal left existing lawful uses intact.

• Water Use Licensing
• National Water Act
• Environmental Authorisation
• Catchment Management
• Public Participation
• Existing Lawful Water Use

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…

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

Driemeyer v Department Of Water And Sanitation (05/19/KZN)

Driemeyer v Department Of Water And Sanitation (05/19/KZN) [2022] ZAWT 4 (31 May 2022)

Court

Water Tribunal

Case number

05/19/KZN

Judges

L Mbanjwa, SD Kvalsvig

The Water Tribunal set aside a directive over unlawful dams, holding that the appellant should be allowed to pursue water-use licence applications.

• National Water Act
• Water Use Licensing
• Environmental Impact Assessment
• Rectification Of Unlawful Use
• Procedural Fairness
• Public Interest Balancing

Black Gold Coal Estates (Pty) Ltd v Department Of Water And Sanitation and Another (WT 01/19/MP)

Black Gold Coal Estates (Pty) Ltd v Department Of Water And Sanitation and Another (WT 01/19/MP) [2021] ZAWT 7 (29 November 2021)

Court

Water Tribunal

Case number

WT 01/19/MP

Judges

Tumai Murombo, Unathi Mbeki

By consent, the Water Tribunal set aside the refusal of an integrated water use licence for Lusthof Colliery and directed reconsideration with reasons.

• Water Use Licensing
• Administrative Review
• Consent Order
• Water-use-licensing
• Administrative-review
• Consent-order

West Coast Environmental Protection Association v Minister Of Water And Sanitation and Others (WT01/17/WC)

West Coast Environmental Protection Association v Minister Of Water And Sanitation and Others (WT01/17/WC) [2021] ZAWT 8 (5 October 2021)

Court

Water Tribunal

Case number

WT01/17/WC

Judges

Ntika Maake, L. Mbanjwa

The Water Tribunal dismissed an appeal against a water use licence for a phosphate mine, but ordered that all 79 recommended site-specific conditions be added.

• Water Use Licensing
• Precautionary Principle
• Public Trust Doctrine
• Adaptive Management
• Mining Authorisation
• Site Specific Conditions

Shprite Checkers Pty Ltd v Department Of Water And Sanitation and Another (WT04/19/WC)

Shprite Checkers Pty Ltd v Department Of Water And Sanitation and Another (WT04/19/WC) [2021] ZAWT 6 (2 August 2021)

Court

Water Tribunal

Case number

WT04/19/WC

Judge

R Mokgalabone

A Water Tribunal appeal over refusal of a water use licence settled before the full hearing, and the parties’ agreement was made an order of the Tribunal.

• Water Use Licensing
• National Water Act
• Settlement Agreement
• Catchment Management
• Socio Economic Considerations
• Water-use-licensing

African Realty Trust (Pty) Ltd v Acting Director-General Department of Water and Sanitation (WT03/20/LMP)

African Realty Trust (Pty) Ltd v Acting Director-General Department of Water and Sanitation (WT03/20/LMP) [2021] ZAWT 1 (9 March 2021)

Court

Water Tribunal

Case number

WT03/20/LMP

Judges

T. Murombo, U. Mbeki

Water Tribunal upheld an appeal against refusal of a water use licence for two holding dams, finding the decision relied on outdated information and ignored expert evidence.

• Water Use Licensing
• National Water Act
• Environmental Authorisation
• Administrative Reasonableness
• Balancing Storage Dams
• Compulsory Licensing