Rex v Buitendag [1914] ZATPD 70 (22 June 1914)

Water.-Public stream.-Prima use.-Secondary use.-Criminal charge.-lrrigation.-Act 8 of 1912, sec. 11 (5).

Section 11 (5) of Act 8 of 1912 provides that an upper riparian proprietor is, entitled to the secondary use of water of a public stream, provided he does not thereby prevent its primary use by a lower riparian owner entitled thereto. Semble, that an upper owner cannot be convicted of a contravention of the section, unless it be proved, that had he not made secondary use of the water, it would have reached the lower owners for their primary use.