ESCARPMENT ENVIRONMENTAL PROTECTION GROUP & LANGKLOOF ENVIRONMENTAL COMMITTEE v DEPARTMENT OF WATER AFFAIRS & WER MINING (PTY) LTD

The Water Tribunal dismissed an appeal by the Escarpment Environmental Protection Group and the Langkloof Environmental Committee against a water use licence issued to WERM Mining (Pty) Ltd. The Tribunal ruled that the appellants lacked locus standi because the National Water Act 36 of 1998 limits the right of appeal to specific persons, and no right of appeal arises for objectors if no notice was published in the media as required by section 41(4) of the Act. The Tribunal further determined that the National Environmental Management Act 107 of 1998 and the Promotion of Administrative Justice Act, 2000 did not extend the right to internal appeal in this statutory context.

• The Water Tribunal dismissed the appeal because the appellants lacked locus standi, ruling that as a 'creature of statute', the Tribunal can only exercise powers specifically granted by its enabling legislation.
• The Tribunal interpreted the National Water Act 36 of 1998 to mean that appeals can only be lodged by persons listed in section 148(1), and specifically that no right of appeal exists for an objector under section 148(1)(f) if no media notice was published per section 41(4).
• The Tribunal rejected the argument that the National Environmental Management Act 107 of 1998, specifically the requirement to consider the interests of all affected parties in section 2(4)(g), should override the provisions of the National Water Act.
• The Tribunal stated that the Promotion of Administrative Justice Act, 2000 does not provide for internal appeal procedures and that individuals seeking to review administrative actions must approach the courts.

APA

Centre for Environmental Rights (2011). ESCARPMENT ENVIRONMENTAL PROTECTION GROUP & LANGKLOOF ENVIRONMENTAL COMMITTEE v DEPARTMENT OF WATER AFFAIRS & WER MINING (PTY) LTD. https://cer.org.za/wp-content/uploads/2011/12/EEPOG-v-DWAF-and-WER.pdf?x21779

Chicago

Centre for Environmental Rights. ESCARPMENT ENVIRONMENTAL PROTECTION GROUP & LANGKLOOF ENVIRONMENTAL COMMITTEE v DEPARTMENT OF WATER AFFAIRS & WER MINING (PTY) LTD. 2011. https://cer.org.za/wp-content/uploads/2011/12/EEPOG-v-DWAF-and-WER.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=ESCARPMENT ENVIRONMENTAL PROTECTION GROUP & LANGKLOOF ENVIRONMENTAL COMMITTEE v DEPARTMENT OF WATER AFFAIRS & WER MINING (PTY) LTD |date=2011 |url=https://cer.org.za/wp-content/uploads/2011/12/EEPOG-v-DWAF-and-WER.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrights2011escarpment, author = {{Centre for Environmental Rights}}, title = {{ESCARPMENT ENVIRONMENTAL PROTECTION GROUP \& LANGKLOOF ENVIRONMENTAL COMMITTEE v DEPARTMENT OF WATER AFFAIRS \& WER MINING (PTY) LTD}}, institution = {Centre for Environmental Rights}, year = {2011}, url = {https://cer.org.za/wp-content/uploads/2011/12/EEPOG-v-DWAF-and-WER.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }