notice-of-appeal-s149-nwa-_-served-and-filed-bdaaed071241cfdd.pdf

This document is a Notice of Appeal filed in the High Court of South Africa by the Endangered Wild Federation and the Federation for a Sustainable Environment. The appellants challenge a May 22, 2018, decision by the Water Tribunal regarding a water use licence granted to Atha-Africa Ventures (Pty) Ltd. The appeal is based on eleven grounds, primarily arguing that the Water Tribunal ignored critical environmental data, failed to apply the precautionary principle, and overlooked jurisdictional requirements regarding landowner consent and financial security for post-closure water treatment.

• The appellants argue that the Water Tribunal erred by dismissing reports from the Council for Scientific and Industrial Research (CSIR) from 2013 and 2018 as irrelevant. These reports identified the mine area as falling within the Enkangala Drakensberg Strategic Water Source Area, which is critical for national water and economic security.
• The appeal claims the Water Tribunal failed to give effect to the National Water Resource Strategy, 2013, by incorrectly treating it as a draft and ignoring its recognition of Strategic Water Source Areas as vital for water security.
• The appellants contend that the Water Tribunal ignored the mine area's status as part of a River Freshwater Ecosystem Priority Area, as published in August 2011 by the Departments of Water Affairs and Environmental Affairs.
• The appeal asserts that the Water Tribunal failed to apply the precautionary principle under section 2(4)(a)(vii) of the National Environmental Management Act (NEMA), despite acknowledging a high risk of post-closure water contamination and irreversible environmental impacts.
• The appellants argue that the water use licence is legally insufficient for post-closure water treatment because it is only valid for 15 years, and the National Water Act (NWA) does not allow the responsible authority to extend the licence period during a review.
• The appeal challenges the granting of the licence on the basis that section 24 of the NWA requires landowner consent or 'good reason' to use underground water on land not owned by the applicant, which the appellants claim was not satisfied.
• The appellants argue the Water Tribunal erred by placing the burden of proof for socio-economic impacts and scientific studies on the appellants rather than on the applicant, Atha-Africa Ventures.
• The appeal claims the Water Tribunal unlawfully abdicated its power by delegating the assessment of financial security for post-closure treatment to the First Respondent (Department of Water and Sanitation) rather than making the determination itself.

APA

Centre for Environmental Rights (n.d.). notice-of-appeal-s149-nwa-_-served-and-filed-bdaaed071241cfdd.pdf. https://cer.org.za/wp-content/uploads/2019/06/Notice-of-appeal-s149-NWA-_-served-and-filed.pdf?x21779

Chicago

Centre for Environmental Rights. notice-of-appeal-s149-nwa-_-served-and-filed-bdaaed071241cfdd.pdf. n.d. https://cer.org.za/wp-content/uploads/2019/06/Notice-of-appeal-s149-NWA-_-served-and-filed.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=notice-of-appeal-s149-nwa-_-served-and-filed-bdaaed071241cfdd.pdf |url=https://cer.org.za/wp-content/uploads/2019/06/Notice-of-appeal-s149-NWA-_-served-and-filed.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrightsndnoticeofappeals149nwaservedandfiledbdaaed071241cfddpdf, author = {{Centre for Environmental Rights}}, title = {{notice-of-appeal-s149-nwa-\_-served-and-filed-bdaaed071241cfdd.pdf}}, publisher = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2019/06/Notice-of-appeal-s149-NWA-_-served-and-filed.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }