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Filter: Water Rights
The constitutional right to water – reasonableness of the measures taken to ensure the right:

16 January 2018,  Perino Pama

A South African citizen may not require the State to provide him or her, upon demand, with sufficient water. Rather,... it requires the State to take reasonable legislative and other measures progressively to realise the achievement of the right of access to sufficient water, within available resources.

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1231
Article
The loss of water via Marine Outfall Pipelines (“MOPs”):

16 January 2018,  Perino Pama

With rapid urbanisation in the coastal areas of South Africa and the accompanying disposal of waste and water into the... sea by way of marine outfall pipelines the public have begun to focus their attention on the ecological and socioeconomic difficulties associated with each type of MOP.   

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865
Article
Provision of Water: The role of national and provincial government to see to it that Municipalities’ execute their functions effectively:

16 January 2018,  Perino Pama

Shortages of water are becoming common place. The question is to what extent do provincial and/or national government play a... role? The Constitution prescribes that national and provincial governments have the legislative and executive authority to see to municipalities’ effective execution of their functions.

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2733
Article
The Provision of Water: Public- Private Partnerships (‘PPP’s’) : An overview of the process:

16 January 2018,  Perino Pama

Public-Private Partnerships (“PPPs) are a useful vehicle for large infrastructural projects of organs of state which provide essential services,... but for which the relevant organ of state lacks both the financial resources to build the infrastructure and the capacity to manage the project once it is in operation.  

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1533
Article
Paniek en onsekerheid vir landbouers oor hul water

30 September 2013

Grootskaalse paniek en onsekerheid heers tans in die gemoed van watergebruikers in die landbougemeenskap. Die inwerkingtreding van die Nasionale Waterwet... in 1998 het ‘n nuwe era ingelei vir watergebruik in Suid-Afrika en baie landbouers voel dat die Wet hul voortbestaan as landbouers bedreig. Hierdie artikel poog om bietjie lig te werp op die belangrikste brandpunte waaroor onkunde heers en gebeure waarvoor die Departement ‘n geelkaart behoort te kry.

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518
Article
Can water rights be transferred? What do our courts say?

20 February 2013

Water rights are an essential commodity in the agricultural sector and a commodity with limited availability. Accordingly, the transfer of... existing water rights is a critical aspect for many farmers as it affects their ability to expand and further develop their farms. Many farmers also carry the perception that in practise the transfer of water rights is only possible to persons that meet the minimum requirements for black economic empowerment, particularly as regards ownership and management. In the recent appeal court case of Makhanya v Goede Wellington Boerdery (Pty) Ltd, the court confirmed that the transfer of water rights is indeed possible, that an equal consideration of various factors must take place in the consideration of any application for the transfer of water rights, and that no single factor may be afforded preference or carry a heavier weight than any other factor in such consideration. The judgement therewith confirms that, although empowerment is an important factor in the consideration of licenses, it is not the sole factor to be considered and that a balance must be struck between all relevant factors as prescribed by the National Water Act in the consideration of any application.

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508
Article

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