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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.

This case study examines the Supreme Court of Appeal's decision in KEBBLE v MINISTER OF WATER AFFAIRS (2007), where the court overturned a contempt of court order against the former directors of Stilfontein Gold Mining Company (SGM). The court ruled that the directives issued by the Department of Water Affairs and Forestry regarding the pumping and treatment of underground water in the KOSH basin were too vague and unenforceable to justify criminal sanctions for contempt.

This fact sheet summarizes the case of Minister of Water Affairs and Forestry v Stilfontein Gold Mining Company Limited & Others, where the court initially held a mining company and its directors in contempt for failing to comply with water pumping directives. The court rejected defenses based on financial hardship and the mass resignation of directors, asserting that environmental obligations cannot be avoided through corporate restructuring or resignation. However, the contempt order was later overturned on appeal.