Abstract
This case note critically analyses Kangra Coal (Pty) Ltd v The
Trustees of the Time Being of the Corneels Greyling Trust and
Others (1052/2023) [2025] ZASCA 09 (6 February 2025), a matter
that foregrounded the tension between mining activities and the
protection of water resources as it progressed through the Water
Tribunal, the High Court, and, ultimately, the Supreme Court of
Appeal (SCA). The analysis contrasts the High Court’s emphasis on
the concept of public trusteeship and its precautionary approach
to water resource protection with the SCA’s more procedurally
driven and formalistic stance, particularly in its treatment of locus
standi for affected parties, the interpretation of timelines for
lodging water-use license appeals, and the requirements for
obtaining an interdict to halt activities potentially harmful to the
country’s water resources. The case note argues that a more
purposive and constitutionally grounded approach would better
equip South African courts and decision-makers to respond to the
complex and urgent challenges of water governance in a miningdependent and water-scarce country. It seeks to influence future
jurisprudence by calling for the rigorous interpretation and
consistent application of the concept of public trusteeship, greater
clarity regarding the Water Tribunal’s jurisdiction, and the
continuance of a broad understanding of locus standi.