The court order in part reads:

“The First and second Respondent’s conduct of failing to consistently supply the residents of Winburg, Makeleketla and surrounding informal settlement of Motsemotsha in Masilonyane local Municipality with safe drinking water is declared unlawful and inconsistent with the constitution.

The First and Second Respondents are ordered to:

Immediately take all steps necessary to ensure the supply of safe drinking water to the residents of the First Respondent in Winburg and Makeleketla.

Immediately provide safe drinking water to the residents of the First Respondent in Winburg, Makeleketla and Motsemotsha by means of water tankers, if immediate supply of potable water is not possible.”

This court order comes after the SAHRC through its FSPO instituted litigation at the Free State High Court against Masilonyana Local Municipality for its persistent failure to provide access to water to residents of Winburg. The Lejweleputswa District Municipality, the Member of the Executive Council responsible for Cooperative Governance and Traditional Affairs, and the Minister of Water and Sanitation, were cited as the 3rd, 4th, and 5th respondents, respectively, and have been ordered by the Free State High Court to comply with their constitutional and statutory duties which encompass a duty to assist Masilonyana Local Municipality in fulfilling its obligation to provide water to the residents of Winburg on an urgent basis.

This litigation follows the SAHRC’s service delivery report, released in November 2024, which found serious human rights violations across the 18 local municipalities in the Free State, including Masilonyana Local Municipality, highlighting systemic failures in the provision of basic services, such as water supply. The SAHRC is concerned that despite several recommendations contained in its service delivery report, these violations have persisted, necessitating legal intervention. Recommendations of the SAHRC are not to be wilfully ignored, but they are to be accorded respect and be implemented.

The SAHRC welcomes the court order by the Free State High Court. The court order sends a strong message to municipalities and municipal managers on the need to adhere to their obligations to deliver basic services and take the reports of the Commission seriously. The Commission will continue to engage municipalities across the country regarding implementation of the recommendations of the Commission. However, the Commission will not hesitate to litigate against municipalities that fail to implement the recommendations of the Commission. Municipalities have a duty to deliver services and failure to do so is a denial of residents' human rights.

ISSUED BY THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION