Kebble and Others v Minister of Water Affairs and Forestry

The appellants were former directors of Stilfontein Gold Mining Company Ltd (SGM). The Department of Water Affairs and Forestry issued directives under s 19(3) of the National Water Act 36 of 1998 requiring SGM and other mining companies in the KOSH area to pump, manage, treat and contribute to the costs of underground water management. When SGM failed to comply, the Department obtained an urgent High Court order compelling compliance. SGM indicated that it was financially incapable of complying and that its mine had ceased operations. The Department then brought contempt proceedings against SGM and its directors. Although the directors resigned before the contempt hearing, the High Court convicted both SGM and the directors of contempt and imposed fines with suspended imprisonment. The directors appealed to the Supreme Court of Appeal.

The appeal was upheld with costs, including the costs of two counsel. The High Court order was set aside and replaced with an order dismissing the contempt application with costs.

The case affirms an important principle in South African law that contempt of court, particularly where criminal sanctions are involved, requires a clear, unambiguous, and enforceable court order. It underscores limits on the use of contempt proceedings to enforce administrative directives and protects individuals from criminal liability where compliance obligations are vague or impossible to perform.