These challenges have had a disproportionate impact on poor and marginalised communities, residents of informal settlements, schools, healthcare facilities and social care institutions. Thus undermining dignity, health, safety and access to basic services. The crisis has also produced secondary systemic harms, including the emergence of informal and exploitative water distribution economies commonly referred to as “water tanker mafias”. Prolonged and recurring water outages have created dependence on unregulated private water tankers, entrenching inequality, profiteering and commodification of a constitutional right.
Access to sufficient, safe, acceptable and affordable water is a foundational human right and a cornerstone of human dignity. The right to water is constitutionally protected and the Constitution imposes positive obligations on the state to respect, protect, promote and fulfil this right. Where access to water is unreliable, unsafe or structurally unequal, the consequences extend beyond service delivery failure and constitute a direct threat to the enjoyment of fundamental human rights, including dignity, equality, life, health and an environment not harmful to health or well-being.
Considering the above, the Commission notes that the situation raises prima facie concerns of a systemic human rights violation and has deemed it appropriate, in the public interest, to conduct a formal investigative inquiry.
To investigate these challenges at a systemic level, the Commission will embark on an investigative inquiry into the Water Crisis in Gauteng Province from 19 – 21 May 2026. The objectives of the inquiry are to, amongst others:
- Assess the extent, nature and root causes of water access challenges across the Gauteng Province, including infrastructure failures;
- Assess the impact of the water crisis on the enjoyment of fundamental human rights, particularly for vulnerable and marginalised communities;
- Determine whether the current state of affairs constitutes a systemic human rights violation, and whether any limitation of rights is justifiable;
- Examine whether state actors have taken reasonable and adequate steps to progressively realise the right of access to sufficient water;
- Assess governance, planning, budgeting, infrastructure management and emergency response systems;
- Examine the emergence and impact of informal water distribution economies and tanker dependency;
- Make findings, recommendations and directives aimed at addressing systemic failures and securing sustainable access to water.
As part of the inquiry, the Commission hereby calls for written submissions from all relevant stakeholders, including affected communities, government departments, municipalities, water boards, civil society organisations, experts, researchers, advocacy groups, private sector actors and interested members of the public. Submissions may include information on the causes of the identified challenges, the impact of the water crisis on affected communities, existing responses and interventions, and proposed steps for addressing the crisis.
Link for the Terms of Reference for the investigative inquiry.
The Commission will accept written submissions from interested parties and stakeholders until 30 April 2026. The Commission will consider the written submissions and within its discretion invite selected stakeholders to make oral submissions at the inquiry.
Written submissions and correspondence may be delivered by hand or e-mail at the following addresses: Gauteng Provincial Office, 4th Floor, Sentinel House Office Park-32 Princess of Wales Terrace, Parktown, Johannesburg or E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.