Original language

English

Country
South Africa
Date of text
Status
Unknown
Type of court
National - higher court
Sources
InforMEA
Court name
Water Tribunal
Seat of court
Pretoria
Reference number
[2010] ZAWT 1
Tagging
Administrative, Licences, Evidence, Jurisdiction
Free tags
Legal questions
Water
Files
Guguletto Family Trust v Department of Water Affairs and Forestry.pdf
Link to full text
http://www.saflii.org/za/cases/ZAWT/2010/1.html
Justice(s)
L.J. Lekale, W. Singo, H. Thompson
Abstract

In this case, the plaintiff challenged the decision of the Department of Water Affairs and Forestry to refuse him a water use licence.

The plaintiff challenged the refusal on the ground that the respondent did not comply with the provisions of the 2000 Promotion of Administrative Justice Act and violated the National Water Act which requires that development strategies implemented in the region when considering his application for the water use licence.

The Tribunal held that while it is itself subject to the 2000 Promotion of Administrative Justice Act, he was not competent to observe whether or not the decision of the Department of Water Affairs and Forestry was in line with  Promotion of Administrative Justice Act or not. At the same time, the Tribunal considered that the development strategies implemented in the region are not in favour of the granting of the licence to the appellant.