The judgment of the High Court, Gauteng Division, Johannesburg can be found here.
• Neutral citation: Trustees for the time being of the Corneels Greyling Trust and Another v Minister of Water and Sanitation and Others (2023 / 069111) [2023] ZAGPJHC 898 (11 August 2023)
• Case number: 2023/069111
• Coram: du Plessis AJ
• Date delivered: 11 August 2023
• Outcome:
° Kangra Coal is interdicted from undertaking any water use in terms of section 12 of the National Water Act 36 of 1998 at the Balgarthen A Adit.
° This interdict is to operate until either: The First Respondent uplifts the suspension of Kangra’s Water Use Licence; or The Applicant’s appeal against Kangra’s Water Use Licence is dismissed by the Water Tribunal.
Summary
This is an application for an urgent interdict to prevent the Kangra Coal from conducting mining activities pending the determination of a condonation application and appeal by the Water Tribunal for a water use licence (WUL) that was granted to Kangra.
The Applicants contend that the mining activities pose a risk to the quantity and quality of the water that the Applicants rely on for farming. They lodged an appeal against the WUL. The lodging of an appeal against the WUL suspends the WUL pending the finalisation of the appeal. Since the appeal is not finalised, the Applicants aver Kangra’s water use is unlawful.
Kangra argues that the appeal was lodged out of time, which means no valid appeal exists. They also raise the issue of locus standi.
At the hearing the Applicant made two concessions narrowing the issues. Firstly, it accepts that the relief it asks for has a final effect and needs to meet a case for a final interdict. Secondly, it acknowledges that condonation for late filing of an appeal does not suspend the working of the WUL.
This court must thus decide three issues: urgency, locus standi and whether the Applicants proved the interdictory requirements
▶️originally published by Centre for Environmental Rights here
