HARMONY GOLD MINING COMPANY LIMITED v FREE STATE, DEPARTMENT OF WATER AFFAIRS AND FORESTRY 2005 JDR 0465 (SCA)

This case study examines a Supreme Court of Appeal (SCA) ruling regarding the interpretation of Section 19 of the National Water Act 36 of 1998 (NWA). The court determined that the legal obligation to take 'reasonable measures' to prevent pollution is not limited to a person's own land but can extend to land owned, controlled, or used by others.

• The Supreme Court of Appeal established that the obligation to implement 'reasonable measures' to prevent pollution under section 19(1) of the National Water Act 36 of 1998 (NWA) is not restricted to the land of the person responsible, but extends to land owned, controlled, or used by another party.
• The court distinguished between preventative measures, which are the focus of sections 19(1) and (2) of the NWA, and measures that are 'necessary' for rehabilitation and remedial work, which are linked to section 28(6) of the National Environmental Management Act (NEMA).
• In the context of the KOSH basin, the court found that taking steps to prevent groundwater from defunct mines from reaching active mines constituted a reasonable anti-pollution measure. The court further ruled that requiring mines to share the costs of such preventative measures falls within the scope of 'reasonable measures'.
• The court noted that if an action is mandated by a directive under section 19 of the NWA, it may not be necessary to obtain a separate water use licence for that activity, even if one would normally be required.

APA

Centre for Environmental Rights (2005). HARMONY GOLD MINING COMPANY LIMITED v FREE STATE, DEPARTMENT OF WATER AFFAIRS AND FORESTRY 2005 JDR 0465 (SCA). https://cer.org.za/wp-content/uploads/2011/12/Harmony-Gold-Mining-Company-Ltd-v-Regional-Director-Free-State-Dept-of-Water-and-Forestry.pdf?x21779

Chicago

Centre for Environmental Rights. HARMONY GOLD MINING COMPANY LIMITED v FREE STATE, DEPARTMENT OF WATER AFFAIRS AND FORESTRY 2005 JDR 0465 (SCA). 2005. https://cer.org.za/wp-content/uploads/2011/12/Harmony-Gold-Mining-Company-Ltd-v-Regional-Director-Free-State-Dept-of-Water-and-Forestry.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=HARMONY GOLD MINING COMPANY LIMITED v FREE STATE, DEPARTMENT OF WATER AFFAIRS AND FORESTRY 2005 JDR 0465 (SCA) |date=2005 |url=https://cer.org.za/wp-content/uploads/2011/12/Harmony-Gold-Mining-Company-Ltd-v-Regional-Director-Free-State-Dept-of-Water-and-Forestry.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrights2005harmony, author = {{Centre for Environmental Rights}}, title = {{HARMONY GOLD MINING COMPANY LIMITED v FREE STATE, DEPARTMENT OF WATER AFFAIRS AND FORESTRY 2005 JDR 0465 (SCA)}}, institution = {Centre for Environmental Rights}, year = {2005}, url = {https://cer.org.za/wp-content/uploads/2011/12/Harmony-Gold-Mining-Company-Ltd-v-Regional-Director-Free-State-Dept-of-Water-and-Forestry.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }