Former DA health MEC Theuns Botha cleared of water theft

A PROBE into allegations of water theft against former Health MEC and DA leader Theuns Botha has found no wrongdoing on his part.

Botha and three others were investigated three years ago for alleged water theft of about 40 000 litres a day from a Riversdale resident in the Southern Cape.

Stephen Pain had then reported Botha and three other landowners to the Department of Water and Sanitation (DWS).

DWS spokesperson Sputnik Ratau said the matter has been closed.

“A case was opened with the Public Protector upon which the DWS in support of the Breede-Gouritz Catchment Management Agency investigated the disputes/allegations by Pain against the previous MEC Theuns Botha and others.

“This dispute refers to the use of water from a stream that bisects the complainant’s property where the complainant and the alleged transgressors have mutual access for Schedule 1 water use for domestic and stock watering. There is an agreement with terms and conditions on the shared use and access.

“Schedule 1 use is prescribed under the Constitution of South Africa and does not require a water use licence or even registration. Obtaining servitudes on conveyance and access remains the responsibility of the property owner and other shareholders under common law.

“If a dispute still remains the matter must be put to a higher court for resolution,” Rautau said.

Botha said he maintained from the start that he did nothing wrong.

He also said some public statements by Pain now formed part of a high court case of defamation and a subsequent claim of R2 million.

“All users are using the water as was the case back then and it is done in terms of existing and established servitude rights. A high court application had been submitted (by the 3 parties) to protect our rights regarding this water allocation – sub judice.

“An interim spoliation order had been granted, subject to the outcome of the above high court application, to prevent pain from interfering with our rights.”

Pain said as far as he was aware the DWS and BGCMA made no progress.

“I have never claimed to be the owner of the water and I am perfectly happy to leave the water in the Huis River.

“BGCMA continues to invoice me for Botha’s water and I continue to not pay,” he said.

The public protector’s office and the BGCMA did not respond to request for comment.