Environmental justice groups have questioned the legality of groundwater abstraction at bottled water producer Thirsti‘s KwaZulu-Natal facility, alleging that the company has for years extracted water beyond the limits of its existing authorisation while awaiting the outcome of a water use licence application.
The allegations, made by the Sisonke Environmental Justice Network (SEJN) and All Rise Attorneys for Climate and Environmental Justice, centre on Thirsti’s bottling operation in Normandien near Newcastle and have prompted calls for the department of water and sanitation (DWS) to investigate.
All Rise and the SEJN argued that Thirsti’s existing general authorisation permits abstraction of only 36 000 cubic metres of groundwater a year from a single borehole. “It does not cover any of the other seven boreholes or the total abstraction volume of 281 371 m³ per year,” they said.
The groups allege only about 13% of current use falls within the authorisation, with the remainder unlawful. They further claim the authorisation excludes boreholes within 500m of a wetland and that Thirsti’s own reports show all eight boreholes fall within that buffer zone.
They also allege wastewater is discharged within 500m of a wetland and into a river without authorisation. “When confronted with these facts, Thirsti’s consultants GCS have failed to provide answers.”
The dispute centres on a water use licence application through which Thirsti is seeking authorisation to abstract 281 371 cubic metres of groundwater annually from eight boreholes.
In a joint statement, Thirsti’s board confirmed Normandien Farms Group owns the brand, which operates at Buffelshoek farm in KwaZulu-Natal’s Northern Drakensberg Strategic Water Source Area.
Asked about the alleged 36 000 m³ limit versus the current abstraction and licence application volumes, Thirsti declined to address the claim directly, saying: “Thirsti is not in a position to respond to the specific allegations raised, as the matters in question fall squarely within the scope of the Water Use Licence Application currently before the Department of Water and Sanitation.”
It added that the process “exists precisely to assess the lawful basis and sustainability of the facility’s water use” and should not be pre-empted.
All Rise and SEJN also said the department, as the regulator, has taken no effective enforcement action despite alleged long-term over-abstraction.
However, DWS spokesperson Wisane Mavasa confirmed the department became aware of the “exceedance of groundwater abstraction volumes” during a compliance inspection on 24 November 2020.
She said the department’s compliance monitoring and enforcement unit first inspected the site in 2016, after receiving a referral complaint from the department of economic development, tourism and environmental affairs’ Amajuba district office.
The facility’s operations were “confirmed to be lawfully operating under the General Authorisation,” though an audit of the authorisation was recommended.
A compliance inspection/ audit was further conducted by the unit on 24 November 2020, against a general authorisation confirmed to the facility on 17 June 2015.
“The compliance inspection revealed findings of non-compliance with conditions of the General Authorisation,” Mavasa said.
“Upon assessing the information provided by the company on annual abstraction volumes for the year May 2019–May 2020, it was found that the volumes exceeded the authorised volume of 36 000 m³ limit and was abstracted from six boreholes, whereas the general authorisation only authorised one borehole.
“The facility also failed to measure volumes of groundwater taken since the issuance of the general authorisation and conditions confirmation on 17 June 2015 and only installed the flow meters and started recording in May 2019 and every month thereafter for the period of until April 2020.”
Mavasa said the non-compliances were discussed with the facility during the audit opening and closing meetings and “the company was directed to provide an action plan detailing rectification of non-compliances, however no action plan was submitted since”.
She said the 2015 authorisation applied only to the original single-borehole application and any expansion required further approval under the National Water Act (NWA). An integrated licence application submitted in 2021 was later withdrawn in 2023.
On enforcement, Mavasa said the licensing process assesses “current and proposed water uses, operational requirements, potential impacts and applicable legislative considerations,” but added that where non-compliance is found, DWS will act, including ordering reduced abstraction and pursuing financial recovery for unlawful use.
“The compliance and enforcement process is separate to the licence application process,” she said.
Thirsti said it has operated under a general authorisation since 2015 and remained within limits until 2018. As demand grew, the company appointed consultants in 2019 to begin a water use licence application, supported by “hydrogeology, freshwater ecology, hydropedology, hydrology, and groundwater vulnerability assessment” studies.
The company said the application was initiated before expansion of the facility and “progressed through specialist investigations, public participation processes, site inspections, requests for additional information and updated technical submissions,” but was delayed by the Covid-19 pandemic.
Thirsti is seeking approval to abstract 281 371 m³ of groundwater per year from eight boreholes. Independent studies found a sustainable abstraction level of about 618 579 m³ per annum, meaning the application represents “less than 50% of the estimated sustainable abstraction capacity of the aquifer system,” it said.
The groundwater balance assessment further found that “approximately 2.3 million m³/a of groundwater remains available” in the sub-catchment, suggesting the proposed use would draw only a small share of available resources, the company said.
All Rise and the SEJN also raised concerns about public participation and disclosure, saying key information such as historical abstraction data and borehole details had not been provided, limiting meaningful engagement.
“The general authorisation Thirsti relies on covers a small fraction of its actual abstraction,” said Janice Tooley of All Rise. “The remainder has no lawful basis.”
SEJN chairperson Lucky Shabalala said: “The communities of Normandien have been patient, but patience has limits,” calling for clarity on “how much water has been taken, from where and under what authority.”
The groups argued that isiZulu-speaking communities most directly affected by the application were excluded from meaningful participation and that shortcomings in the process cannot be remedied after the fact.
Thirsti disputed claims of inadequate consultation, noting that it has complied with all DWS information requests and that investigations were conducted by South African Council for National Scientific Professions–registered professionals.
Notices were published in English, Afrikaans and isiZulu, adverts were placed in the Newcastle Advertiser, a 2021 public meeting was held and two 60-day comment periods were provided, including in the 2025/2026 re-application. SEJN, it said, participated in both rounds.
On public participation, Mavasa said processes must “reasonably accommodate affected communities through the use of appropriate languages,” including at least two languages where applicable, to ensure accessibility for isiZulu-speaking communities.
All Rise and SEJN said the licence application should not proceed without first addressing what they described as ongoing unlawful abstraction and ensuring a lawful, meaningful participation process.
They also raised concerns about Woolworths’ oversight of Thirsti as a supplier. Woolworths had not responded to the Mail & Guardian.
Thirsti said it remains committed to stakeholder engagement, environmental stewardship and sustainable water management.
It highlighted the establishment of the 1 230.6-hectare uMsonti Private Nature Reserve, which it said is legally protected and supports efforts to conserve the upstream catchment through alien vegetation clearing and habitat management.
The company also pointed to its economic role in the region, saying it employs about 350 people at the Normandien facility and supports local procurement and related services in an area affected by industrial decline and job losses.
Thirsti said the water use licence application has undergone a multi-year assessment process involving specialist studies, public participation and regulatory engagement and is now approaching final stages before resubmission to the department.
It added that the application remains subject to regulatory review and said it would not seek to pre-empt or influence the outcome of that process.
Environmental justice groups have questioned Thirsti’s groundwater abstraction at its KwaZulu-Natal facility, alleging use beyond its authorisation as the company seeks a water use licence from the department
