Adv. Jacques van der Merwe

Specialist legal advice on water law, water use regulation, and water-related disputes.
With a unique combination of legal training and nearly three decades of technical experience in water resource management, I provide informed and practical advice on complex water-law matters, including water use licensing, existing lawful water uses, and regulatory compliance.
My background as both an advocate and a registered professional engineering technologist enables me to bridge the gap between legal interpretation and the technical realities of water management. 

Water Law Specialist • Technical Insight • Practical Solutions

I am a trust account advocate specialising in water law and water-related regulatory matters, offering a rare combination of legal expertise and technical experience in water resources.
After obtaining my LLB in 2010, I was admitted to the Roll of Advocates of the High Court in 2012. In addition to my legal qualifications, I am a registered Professional Engineering Technologist with the Engineering Council of South Africa (ECSA), specialising in surface water.

I am registered as a trust account advocate in terms of section 34(2)(b) of the Legal Practice Act. This status enables members of the public to consult me directly without the need for an attorney, while I also welcome collaboration with attorneys and their clients.
Prior to entering legal practice, I spent 29 years with the Department of Water and Sanitation, where I worked extensively in:

• Water-use regulation
• Water registration and billing
• Water-use licensing
• Verification of water use
• Technical water management
• Hydrology (dams and natural runoff determinations)
• Hydraulics (pump discharge, canal flow, pressure sluice gate discharge)

I am also a qualified mediator and actively promote alternative dispute resolution as an effective alternative to litigation.

This combined legal and technical background enables me to address complex water-law matters with both legal insight and practical technical understanding. 

Trust account advocate:
Practice number - 74067
Legal Practice Council No (LPC): 52572

Water Law
My practice focuses primarily on:
• Existing Lawful Water Uses
• General Authorizations
• Water Use Licensing
• Schedule 1 Water Uses
• Servitudes associated with water use
• Water use charges and billing
• Registration of water use
• Verification of water use
I also advise on legal and technical matters relating to:
• Irrigation Boards
• Water User Associations
• Government Water Schemes
Additional related areas include:
• Environmental law related to water use
• Administrative and procedural law relevant to water matters 

ECSA: Pr.Tech.Eng. - 201670112

My technical background allows me to provide practical support in matters involving:

• Hydrology
• Dam volume sizing
• Runoff modelling and calculations
• Irrigation
• Crop irrigation requirements (using SAPWAT 4)
• Water Infrastructure
• Pump discharge calculations
• Canal discharge
• Pressure sluice-gate discharge 

I assist with the identification and quantification of historic water use through remote sensing analysis, including:
• Identification of historic irrigated land using Landsat 5 satellite imagery
• Quantification of water use associated with remote sensing data 

I am a qualified mediator and encourage mediation as an effective alternative to litigation in appropriate cases.
Mediator Certification
University of Cape Town
Certificate No: 76774442-01-WQMC
Why Mediation?
Mediation is a consensual and cooperative process in which parties are encouraged to move beyond conflict and work toward mutually beneficial solutions.
The mediator acts as an impartial facilitator, creating a safe and structured environment where parties can openly discuss their concerns and explore possible solutions.
Key characteristics of mediation include:
• Significantly lower cost compared to litigation
• A process based on the interests of the parties
• Voluntary and consensual participation
• Confidential discussions
• Without-prejudice negotiations
• Non-binding discussions until a final agreement is reached
Only the final settlement agreement, once signed by the parties, becomes legally binding.
Mediation allows both parties equal opportunity to present their concerns, explore possible solutions, and work toward a practical settlement. 

Many landowners assume historic water use automatically remains lawful. In reality, only Existing Lawful Water Uses recognised under the National Water Act are protected. Proper verification and documentation are essential to protect your rights.

Contact us:

Email

jacqueswaterlaw@gmail.com

Address

26 Seetuin street, Wavecrest, Jeffreys Bay, 6330

Working Hours

Monday - Friday 08:00 - 17:00

Get in touch:

© Copyright Wallys Web Design - All Rights Reserved

AI Website Creator