The order, compels the Madibeng Local Municipality (the Municipality), or if it is under administration, for the MEC of Local Government and Human Settlement to take immediate and concrete steps to ensure that the Klipgat C community in the North West Province received a permanent, sufficient, safe and accessible water supply. provide a permanent water supply to the Klipgat C community. This victory is the culmination of years of advocacy and litigation to secure the residents of Klipgat C’s constitutional right to access sufficient, safe, and reliable water.

Background
The residents of Klipgat C have endured severe hardship for over a decade, surviving on irregular and insufficient deliveries of water, often forced to walk long distances to collect water from unsafe sources. Vulnerable groups, including the elderly, children, and persons with disabilities, have been disproportionately affected, with many using their social grants to buy water or pay others to fetch it. The lack of water has undermined basic hygiene, health, dignity, and the ability of children to study and thrive.

Despite previous court orders and repeated interventions by the South African Human Rights Commission, the Municipality failed to comply with its constitutional and statutory obligations. Infrastructure installed in parts of Klipgat C remained unused due to the absence of a connection to bulk water supply.

The Court’s order
The Pretoria High Court has declared the Municipality’s failure to provide basic water supply to Klipgat C as unconstitutional and in contravention of the Water Services Act, 1997, and relevant regulations. The order directs the Municipality, or the MEC for Local Government and Human Settlement if the Municipality is under administration, to:

• Install a permanent water supply system that provides at least 25 litres of water per person per day or 6 kilolitres per household per month, with water sources located within 200 metres of every household.
• Ensure the water supplied is safe for human consumption, in accordance with national standards.
• Increase interim water deliveries to Klipgat C to three times a week and disinfect water trucks and tanks monthly, until the permanent system is operational.
• File detailed implementation plans and progress reports with the court at within 60 days of the order. The plan must include proposed timelines, procurement processes, the officials responsible, and the connection date for the permanent system.
• File quarterly progress reports with the Court and Applicant explaining the steps taken and progress achieved in implementing the order.

If the Municipality fails to comply and is not under provincial administration, the Minister of Water and Sanitation must invoke section 63(4) – (7) of the Water Services Act  to intervene and assume the necessary functions to secure compliance. Should the Municipality already be under administration and the MEC fails to act, the Minister is likewise compelled to intervene. Should the Municipality or MEC fail to comply, the Minister of Water and Sanitation is empowered to intervene and assume responsibility for implementation.

Constitutional and human rights significance
This order reaffirms the fundamental right of access to sufficient water, as enshrined in section 27 of the Constitution, and the interconnected rights to dignity, equality, health, and the best interests of children. The court recognised the severe and ongoing violation of these rights and the urgent need for effective remedies.

The order sets a precedent for holding municipalities and other organs of state accountable for service delivery failures and for ensuring that vulnerable communities are not left behind. It also underscores the importance of judicial oversight and structural interdicts in vindicating constitutional rights.

Ongoing commitment to monitoring implementation
Norton Rose Fulbright South Africa and the South African Human Rights Commission remain committed to monitoring the implementation of the court’s order and to supporting the residents of Klipgat C in realising their rights. We call on all relevant authorities to act with urgency and diligence to ensure that the community receives the permanent water supply to which it is entitled.

ENDS

Issued by the South African Human Rights Commission and Norton Rose Fulbright South Africa