The Environmental Case Law Index is a collection of judgments from 10 African countries on topics relating to environmental law, both substantive and procedural. The collection focuses on cases where an environmental interest interacts with governmental or private interests.
Get started on finding judgments that are relevant to you by browsing the topic list on the left of the screen. Click the arrows next to the topic names to reveal a detailed list of sub-topics. Most judgments are accompanied by a short summary written by subject-area expert postgraduate students from the University of Cape Town.
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The plaintiff sought orders that it did not owe the defendant for any service, and for a permanent injunction restraining the defendant from interfering with or disconnecting the plaintiff’s water system connected to its borehole due to an outstanding water bill.
The court considered whether it had jurisdiction to hear and determine this suit and application. The provisions of s 85 of the Water Act show that the jurisdiction of the Water Appeals Board is two-fold: first is to hear appeals from decisions and orders of the Water Resources Management Authority, the minister, or the Water Services Regulatory Board concerning a permit or licence. The second jurisdiction of the Water Appeals Board is as is conferred by any law. There was no decision or order on a permit or licence being appealed in this suit and application. Accordingly, the court found that this dispute is not envisaged by s 85(1).
Furthermore, s 85(2) showed that the additional jurisdiction granted to the Water Appeals Board was in fact limited, and it did not have jurisdiction to determine all disputes under the act, but only those disputes where jurisdiction was conferred on it by the Water Act or any other act. No such law was cited by the defendant, to warrant the application of s 85(2). Therefore, the court found that s 85 did not apply to the facts of this suit and application, and that it, therefore, had jurisdiction to determine the matter.
Preliminary objection dismissed.
The court considered and application for an injunction to restrain the defendant from directing storm and waste water into the plaintiff’s dam, or into the neighboring dam.
The defendant had acceded to a request by the members of the community to desilt the dam at the primary school, but as the plaintiff submitted, had failed to conduct an environmental impact assessment before undertaking the rehabilitation of the dam. Further, that the storm water from the defendant’s farm had spilled over to the dam in her parcel of land, thereby polluting it and infringing her right to live in a clean environment.
The issue for determination by this court was whether the plaintiff had established a prima facie case to enable the court to grant her the order of injunction sought.
The court held that the defendant undertook the project before seeking the authority of the National Environmental Management Authority and had therefore not consulted with all parties likely to be affected by the dam in co-ordination with the NEMA, before rehabilitating the dam. Therefore, the defendant breached the law by channeling storm water into the neighboring dam, without first complying with the provisions of the Environmental Management Act and that the plaintiff was within her rights to seek an injunction.