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Guguletto Family Trust v Department of Water Affairs and Forestry

Country/Territory
South Africa
Type of court
National - higher court
Date
May 31, 2010
Source
UNEP, InforMEA
Court name
Water Tribunal
Seat of court
Pretoria
Judge
L.J. Lekale, W. Singo, H. Thompson
Reference number
[2010] ZAWT 1
Language
English
Subject
Legal questions, Water
Keyword
Water rights Freshwater resources management Water desalination
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.

Full text
Guguletto Family Trust v Department of Water Affairs and Forestry.pdf
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