Centre for Environmental Rights – Advancing Environmental Rights in South Africa

On 21 July 2020 the Water Tribunal upheld an appeal by groundWork of a water use licence granted to the proposed Khanyisa coal-fired independent power producer owned by ACWA.

In 2018, the Centre for Environmental Rights, on behalf of groundWork, appealed in the Water Tribunal against the Water Use Licence granted to ACWA.

• groundWork’s Notice of Appeal (8 August 2018)
• groundWork’s Supplementary Appeal (18 February 2019) and Annexures A , B , C , D, E, F, G, H , I, J, K
• ACWA’s response to the Appeal (5 April 2019)

On 21 July 2020 the Water Tribunal upheld groundWork’s appeal to set aside the Water Use Licence, due to lack of adequate public participation. The Water Tribunal directed ACWA to re-advertise the application and conduct the public participation by 21 September 2020.

The Tribunal also confirmed that climate change is a relevant factor to be considered in the Water Use Licence application in terms of section 27 of the National Water Act. The decision of the Water Tribunal is available here.