Impala Water Users Association v Lourens NO and Others

The appellant, Impala Water Users Association, restricted the flow of irrigation water to the respondents’ farms by locking sluices after a dispute arose over the legality of a portion of water use charges relating to the financing of the Paris-Bivane Dam. The respondents, sugar cane farmers and water users, had historically registered water use rights under the Water Act 54 of 1956, which were subsumed under the National Water Act 36 of 1998 when the appellant became a water user association. The appellant claimed R800 per hectare per annum, while the respondents contended that only R240 per hectare was lawfully payable. Although the appellant had instituted legal proceedings to recover the disputed charges, these were defended and unresolved when the appellant invoked section 59(3)(b) of the National Water Act to restrict water supply. The respondents successfully obtained a spoliation order in the High Court restoring the water supply, prompting this appeal.

The appeal was dismissed with costs, including the costs of two counsel, and the spoliation order restoring the water supply remained in force.

The case affirms that statutory water use rights linked to land are capable of protection by the mandament van spolie and limits the ability of water authorities to employ self-help measures under section 59 of the National Water Act where liability for charges is disputed. It reinforces constitutional and common-law principles against self-help and clarifies the onus on authorities when restricting essential services.