The proposed KiPower Station: Appeal to the Water Tribunal against the decision by the Department of Water and Sanitation to issue a water use licence
07 September 2017
In February 2017, the Department of Water and Sanitation (DWS) issued a water use licence (WUL) for water uses relating to the construction and operation of KiPower’s proposed coal-fired power station near Delmas in Mpumalanga Province. On 7 September 2017, the Centre for Environmental Rights, on behalf of groundWork, lodged an appeal against the decision with the Water Tribunal in terms of the National Water Act, 1998 (NWA). The following grounds of appeal have been raised in groundWork’s appeal:
- water pollution from KiPower would violate the Constitution, the NWA and the National Environmental Management Act, 1998 (NEMA);
- the factors under section 27 of the NWA as applied to KiPower should have resulted in the DWS refusing to issue the WUL;
- the DWS has failed in its duty as public trustee of South Africa’s water resources;
- the decision to issue the WUL is not in line with the section 2 principles of NEMA, in particular the requirement for a risk averse and cautious approach and the polluter pays principle;
- KiPower does not have a WUL for several activities that fall under section 21 of the NWA;
- the WUL conditions are unreasonably vague and therefore unenforceable; and
- the decision to issue the WUL constitutes unlawful administrative action in contravention of PAJA
