Municipalities take new steps to avoid obligation to provide water to Carolina community

The Federation for a Sustainable Environment (FSE), Lawyers for Human Rights (LHR) and the Legal Resources Centre (LRC) were shocked to be served yesterday with an application to appeal the order by the High Court requiring the Gert Sibande Municipality to provide basic water services to the Carolina community pending the outcome of an appeal of the main application to the Full Bench of the North Gauteng High Court. LHR and LRC have filed a notice to oppose the application. 

 

In terms of the law of procedure, once a party notes an appeal of a High Court judgment, the order is suspended pending the outcome of that appeal. Rule 49(11) of the Uniform Rules of Court provides an exception where the potential harm to one of the parties requires that the order be executed even pending an appeal of the original decision.

 

This is one such case where the prejudice to a community with no water vastly outweighs the inconvenience to the municipality to provide that water. It will be argued that there is no prospect of success in this matter and that, in fact, this is simply a vexatious attempt to delay and circumvent the clear order to provide water to the community.

 

The community confirms that there is still inadequate and insufficient supply of potable water. Tests have shown that the pH and sulphates levels are too high and are not fit for human consumption. It was on the basis of this evidence that the High Court required the municipalities to provide potable water pending the appeal which could potentially take months to be resolved.

   

Before the High Court, the municipalities argued that they have limited resources and are unable to provide full water services. It is shocking that the municipality would choose to pay additional legal fees to bring this application rather than apply those limited resources to the provision of water. This situation persists despite the Minister’s undertaking to provide financial and other assistance to ensure supply of water.

 

LHR and LRC will seek to have this matter heard as soon as possible in order to ensure the basic water provision, to which the residents of Carolina are legally entitled in terms of the Constitution, are met.

  

For more information, please contact:

 

Emma Algotsson                                             Naseema Fakir                         Koos Pretorius

Lawyers for Human Rights                            Legal Resources Centre         FSE

011 339 1960 / 082-8228415                        011-836 9831                            083-986 4400