South Africa Case Law

Butt v The Director-General Department of Water And Sanitation and Others (WT06/17/GP)

Butt v The Director-General Department of Water And Sanitation and Others (WT06/17/GP) [2021] ZAWT 5 (2 August 2021)

Court

Water Tribunal

Case number

WT06/17/GP

Judges

M.R. Mokgalabone, U.N. Mbeki

The Water Tribunal found that it has jurisdiction to adjudicate the appeal as the cause of action arises under section 148(1)(f) of the National Water Act. However, the appellant does not have locus standi because neither he nor his predecessor in title lodged a written objection under section 41 of the NWA. The Tribunal held that its jurisdiction is strictly derived from statute and cannot be expanded by constitutional arguments or public interest submissions. The Escarpment and Werda cases confirm that only objectors who participated in the application process are entitled to appeal. The ap…

Source excerpt

• National Water Act
• Water Use Rights
• Locus Standi
• Jurisdiction Of Tribunals
• Public Participation
• Environmental Degradation

Schoeman v Stapelberg (2070/2020)

Schoeman v Stapelberg (2070/2020) [2021] ZAMPMBHC 69 (27 January 2021)

Court

Mbombela High Court, Mpumalanga

Case number

2070/2020

Judge

Greyling-Coetzer

The court found that the applicant was in peaceful and undisturbed possession of water Furrow 'A', boreholes, pipelines, and access roads, and that the respondent's conduct in filling in Furrow 'A', damaging pipelines, and denying access constituted unlawful deprivation. The respondent's denial was not sufficiently detailed or credible to raise a genuine dispute of fact. The mandament van spolie was granted in respect of Furrow 'A' and the boreholes and pipelines, as actual deprivation occurred. For Furrow 'B' and the access roads, only threats of deprivation were established, not actual inte…

Source excerpt

• Mandament Van Spolie
• Interdictory Relief
• Servitude Rights
• Acquisitive Prescription
• Access Rights
• Water Use Rights

De Lange NO v Minister of Water and Environmental Affairs (81/2018)

De Lange NO v Minister of Water and Environmental Affairs (81/2018) [2019] ZASCA 59; 2019 (4) SA 445 (SCA) (17 April 2019)

Court

Supreme Court of Appeal

Case number

81/2018

Judges

Navsa, Leach, Mocumie, Mokgohloa, Dlodlo

The SCA held that a damages claim over failed irrigation canals had prescribed because the cause of action arose when the canals became inoperable in 2003.

• National Water Act
• Prescription Act
• Water Use Rights
• Statutory Duties
• Delictual Liability
• Riparian Rights

Terblanche v Minister of Water and Environmental Affairs (76577/10)

Terblanche v Minister of Water and Environmental Affairs (76577/10) [2017] ZAGPPHC 427 (4 April 2017)

Court

North Gauteng High Court, Pretoria

Case number

76577/10

Judge

M J Teffo

The High Court held that the plaintiff’s water-loss claim had prescribed because he knew or should have known of the harm and its cause by 2004/2005.

• Prescription Act
• Water Use Rights
• National Water Act
• Continuous Wrong
• Damages
• Administrative Action