South Africa Case Law

EC Irka CC v Department of Water and Sanitation (WT01/20/EC)

EC Irka CC v Department of Water and Sanitation (WT01/20/EC) [2023] ZAWT 3 (15 November 2023)

Court

Water Tribunal

Case number

WT01/20/EC

Judge

Ntika Maake

The Tribunal found that the appellant, Irka CC, is an affected and interested party with locus standi to appeal the water use verification decision of the Department of Water and Sanitation regarding Farm 427. The Tribunal rejected the respondent's argument that only the owner of Farm 427 could be adversely affected, noting that both parties abstract water from the same source and the appellant's interests are directly impacted. The Tribunal held that non-joinder of Mount Africa Trading 1 CC, as owner of Farm 427, was not fatal and could be remedied by joining it as a party, which was subsequ…

Source excerpt

• National Water Act
• Water Use Verification
• Locus Standi
• Non Joinder
• Lis Alibi Pendens
• Internal Remedies Exhaustion

Smit v Provincial Head: Free State Region Department of Water and Sanitation and Another (W002/16/FS)

Smit v Provincial Head: Free State Region Department of Water and Sanitation and Another (W002/16/FS) [2017] ZAWT 7 (15 November 2017)

Court

Water Tribunal

Case number

W002/16/FS

Judges

F Zondagh, M Nkomo

The Water Tribunal upheld Deon Smit’s appeal, set aside a Section 35(4) determination, and fixed a higher existing lawful water use for irrigation from the Kraai River and dams.

• National Water Act
• Existing Lawful Water Use
• Water Use Verification
• Administrative Appeal
• Irrigation Rights
• National-water-act