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IN THE HIGH COURT OF SOUTH AFRICA

(BOPHUTHATSWANA PROVINCIAL DIVISION)

CA NO.: 1232/04

In the matter between:

THELMARI RAATH 1^ST APPLICANT

WILLEM STERNBERG VAN STADEN 2^ND APPLICANT

AND

DANIEL VAN STADEN N.O. 1^ST RESPONDENT

MAGDALENA JOHANNA VAN STADEN 2^ND RESPONDENT

MMABATHO

APPLICATION FOR LEAVE TO APPEAL

TLHAPI AJ

JUDGMENT

TLHAPI AJ:

[1] The Applicants who are the first and second Respondents in the main application have applied for leave to appeal against the whole of my judgment delivered on the 7^th July 2005.

[2] The judgment was about whether the Respondents had made out a proper case entitling them to a final interdict. It also considered the effect that the National Water Act 36 of 1998 (“the Act”) had on the right of an individual to take water from a water resource. In this case such right was in the form of servitudes, registered against the titles to land through which the water flowed.

[3] Over and above the rights of servitude it was required by the Act that a licence had to be obtained to draw water from the source. Judgement was granted in favour of the Respondents.

[4] The case raises important aspects of the law which the Full Bench of the Division could pronounce on, in the interests of justice.

[3] I am of the view that there is a reasonable possibility that another court may come to a different conclusion.

In the result the following order is made:

1. Leave to Appeal to the Full Bench of this Division against the whole judgment delivered on the 7^th July 2005 is granted.

2. Costs to be costs in the appeal.

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V V TLHAPI

APPEARANCES:

Counsel for the Applicants : Adv J H A Saunders

Counsel for the Respondents : Adv R Grundlingh

Attorneys for the Applicants : Smit & Stanton

Attorneys for the Respondents : Nienaber & Wissing

Date of Hearing : 21 October 2005

Date of Judgment : 01 December 2005

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