An environmental organisation is taking the government and Kropz to court in a bid to stop the phosphate mine using water from the ancient Elandsfontein aquifer on the West Coast, according to a GroundUp report. The West Coast Environmental Protection Agency (WCEPA) has filed an urgent interdict in the Western Cape High Court against Kropz Elandsfontein (Pty) Ltd and the Minister and Department of Water Affairs and Sanitation.

The NGO said in court papers that a water use licence is automatically suspended under the National Water Act once an appeal to the government’s issuing of the licence has been lodged. The suspension lasts until the appeal is decided. The WCEPA had lodged an appeal with the Water Tribunal in June.

WCEPA’s objection to granting the water licence is based on experts’ reports which showed that the mine’s usage of water from the Elandsfontein aquifer posed ‘a high risk of irreparable environmental damage’ to the integrity of the aquifer and to ecosystems dependent on groundwater. Kropz had not taken any steps to challenge the appeal, but had told attorneys for the WCEPA that it regarded the appeal as invalid.

Full GroundUp report