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Du Plooy vs. Department of Water Affairs

Country/Territory
South Africa
Type of court
National - higher court
Date
Aug 20, 2010
Source
UNEP, InforMEA
Court name
Water Tribunal
Seat of court
Pretoria
Judge
E. Davey
Reference number
[2011] ZAWT 2
Language
English
Subject
Forestry, Water
Keyword
Industrial water use Free water use Afforestation/reforestation Water desalination Water users' associations Freshwater resources management
Abstract

In this case, the plaintiff challenged the refusal of the Department of Water Affairs to grant him a Stream Flow Reduction Activity (SFRA) licence for its afforestation activities.

The plaintiff motivated his appeal of the decision by the fact that he considered the decision to be arbitrary and that it did not respect the procedure set up by the law. Indeed, even if the  Stream Flow Reduction Activity Licence Assessment
Advisory Committee recommended issuing the licence; the decision was not followed by the Chief Director of the Department of Water Affairs.

The Water Tribunal held that no information could be used to justify the refusal of the licence and that the decision of the Chief Director of the Department of Water Affairs was arbitrary. As a result, the Water Tribunal granted the licence to the appellant.

Full text
Du Plooy v Department of Water Affairs.pdf
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