A recent Supreme Court of Appeal judgment, which found the National Water Act allows for the transfer of water use entitlements, may have significant implications from a deal-making perspective, say three lawyers.
The SCA recently found that the National Water Act allows for the transfer of water use entitlements. Lawyers say this decision is contrary to the position held by the department of water and sanitation. Stock photo.A recent Supreme Court of Appeal judgment, which found that the National Water Act allows for the transfer of water use entitlements, may have significant implications from a deal-making perspective.
In 2013, the department of water and sanitation issued a circular prohibiting such transfer and trading in water rights.in the SCA on Monday found otherwise, saying section 25 allows for the transfer of water use entitlements in two circumstances. Writing after the judgment, Garyn Rapson, Tendai Bonga and Daniella Ghillino from law firm Webber Wentzel said the
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