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

The document analyzes the case of Harmony Gold Mining Company Limited v Free State, Department of Water Affairs and Forestry, where the court ruled that the obligation to take 'reasonable measures' to prevent pollution under the National Water Act is not limited to a party's own land and can extend to land owned or used by others. This occurred in the context of managing groundwater and preventing acid mine drainage in the KOSH basin, where several mining companies were directed to share the costs of pumping and treating water at defunct mines to protect active operations.

• The Supreme Court of Appeal established that the legal obligation to implement 'reasonable measures' to prevent pollution under section 19(1) of the National Water Act 36 of 1998 is not restricted to the land owned by the responsible party, but extends to land 'owned, controlled or used by another'.
• The court distinguished between 'preventative' measures, which are the focus of sections 19(1) and (2) of the National Water Act and sections 28(1) and (2) of the National Environmental Management Act (NEMA), and 'necessary' measures related to rehabilitation and remedial work under section 28(6) of NEMA.
• In the KOSH basin, the court found it was a 'reasonable anti-pollution measure' for mining companies to collaborate and share costs to prevent groundwater from defunct mines from reaching active operations.
• The court suggested that if an action is mandated by a directive under section 19 of the National Water Act, 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 (n.d.). 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). n.d. 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) |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{centreforenvironmentalrightsndharmony, 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}, 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} }