Water rights – trade and costs

The Court ruled in Minister of Water & Sanitation v Lotter and Others CC  that, in the absence of a clear enough proscription of trading in water use
entitlements (which there is not), private persons must surely be perfectly entitled so to trade, and there is no impediment to a fee being charged for water use under the
second part of section 25(1) or in respect of a surrender of a water use entitlement in terms of section 25(2) in order to facilitate a section 41 licence application by a third
party. Judgment dated 15 March 2023 ITHE CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 387/21.