The appellants, trustees of the Denau Trust and owners of the farm New Glen Heatlie near Worcester, were involved in disputes with several irrigation boards and downstream farmers regarding the withdrawal and use of water associated with the Hex River. A public river flowed across the appellants’ land. Prior to March 1997, the respondents alleged that the appellants were unlawfully abstracting public water for irrigation. The dispute was settled by a written agreement on 6 March 1997, under which the irrigation boards undertook not to object to the issuing of a permit allowing the appellants to abstract water for irrigation of 27 hectares, while the appellants renounced any further claims to public water. A permit was issued on 8 April 1997. Subsequently, the appellants sank two boreholes near the riverbed and abstracted water for irrigation, leading to renewed disputes over whether the water was public or private. The respondents brought applications in the Cape Water Court seeking declaratory and interdictory relief, while the appellants counter-applied to have the settlement agreement declared invalid. During the proceedings, the National Water Act 36 of 1998 came into force, abolishing Water Courts, and the appellants sought a declaratory order that all pending Water Court proceedings had lapsed.