Kangra Coal (Pty) Ltd v The Trustees of the Time Being of the Corneels Greyling Trust and Others

Kangra Coal (Pty) Ltd operates an underground coal mine at the Kusipongo Colliery in Mpumalanga. It obtained an integrated water use licence (WUL) from the Department of Water and Sanitation in October 2021. The neighbouring landowners, the Corneels Greyling Trust and Mooibank Boerdery (Pty) Ltd, objected to the licence on the basis that Kangra’s mining and water use would threaten natural springs on which they relied for irrigation, livestock and domestic use, and could cause pollution and acid mine drainage. Despite their objections, the WUL was granted. The respondents later lodged an appeal to the Water Tribunal under s 148(3) of the National Water Act 36 of 1998 and contended that the lodging of the appeal suspended the WUL. While that appeal was pending, they approached the Gauteng Division of the High Court and obtained a final interdict preventing Kangra from conducting mining and water use activities pending the appeal. Kangra appealed to the Supreme Court of Appeal.

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

The judgment clarifies that neighbouring landowners seeking to interdict mining or water use activities must strictly satisfy the requirements for a final interdict, particularly proof of actual or reasonably apprehended harm. It reinforces the principle that speculative environmental concerns are insufficient to justify halting licensed activities. The case also provides important guidance on locus standi pleading requirements, the limits of the Water Tribunal’s jurisdiction under the National Water Act, and the continued validity of administrative decisions until properly set aside.