1887

n Without Prejudice - Has the Tribunal made things easier or is it merely water under the bridge? - environmental law

Volume 20 Number 3
  • ISSN : 1681-178X

Abstract

The Water Tribunal was established in terms of s146 of the National Water Act. Members appointed to the Tribunal are required to have knowledge in law, engineering, water resource management or related fields. After considering the subject matter of the specific appeal before it, the chairperson must nominate those members who meet the legal and technical requirements for the hearing of that specific matter to sit and adjudicate thereon. Although perhaps not well drafted, the irresistible inference is that the members of the Tribunal should have diverse qualifications and technical skills so that the chairperson is able to draw on these varied skills to ensure that members appointed to hear a specific matter are vested with both the technical and legal expertise required to adjudicate it properly. This begs the question: how is the Tribunal any different from a court?

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2020-04-01
2020-10-19

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