Water law publication a first for South Africa

Abstract

Policy & legislation The publication, Water Law of South Africa 1912 – 1998, captures nearly 400 water court cases handled by the legal system from 1912 to 1998. The work is authored by water law expert Adv Maritza Uys and took almost four years to complete. ‘Water law’ is concerned with persons’ rights to water and concomitant duties of others. Water courts were established by colonial legislation, consolidated in the Irrigation Act of 1912, and abolished by the NWA in 1998. All cases dealing with the then current general Water Acts (Irrigation Act of 1912 and Water Act of 1956) and common water law are included in the publication. Interestingly, the first case captured in the compendium is dated 21 February 1912. It involved the case of Koffyfontein Estates Ltd (a diamond-mining company) vs Havenga (a farmer) over rights to water in the Riet River. Also included is the text of the 1912 and 1956 Water Acts and regulatory publications until 31 September 1998 when the NWA came into effect.

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