English
In this case, the plaintiff challenged the decision of the Department of Water and Environmental Affairs to grant a water use licence for the mining operations which border the plaintiff’s farm.
After trying to find a negotiated agreement with both the Department of Water and Environmental Affairs and the mining operator, the plaintiff challenged the licence in front of the Water Tribunal. However, the mining operator opposed the appeal as it stated that the plaintiff did not have the locus standi in judicio because no objections were invited and no objection was submitted by the plaintiff. The plaintiff argued that he had written letters direct to both respondent and that those letters constituted written objections lodged in the delays.
The Water Tribunal held that under the Nation Water Act objections to licencing decisions should always be preceded by a notice inviting objection and prescribing the time period within which those objections can be received. In this case, no invitation was issued and as a result, the plaintiff could not be considered to have lodged a written objection and thus could not be considered to have the locus standi in judicio to challenge the licence. Therefore, the Water Tribunal dismissed the appeal and suggested to the plaintiff to bring his case in front of the High Court.