“Blyvooruitzicht residents also have a right to access sufficient water"

The High Court of South Africa, Gauteng Division Pretoria today handed down its judgement in the matter between Pule Molefe and Residents of the Blyvooruitzicht Mine Village versus Merafong Local Municipality and 10 others.  The High Court ordered that the Municipality be prevented from disconnecting the piped water supply to the Blyvooruitzicht Mine Village, mandating that the water must flow between 6am – 10am and 5pm – 9pm.  The order further required that the Municipality develop a water service plan for the village in consultation with the applicants. 

This matter is essentially about the concerns around the continuation of water provision to the former Blyvooruitzicht Mine Village, located at the site of the now-liquidated Blyvoorutizicht Gold Mine.   As is the case in many South African mining communities, the Mine historically provided all essential services to the 6 000 residents, including access to piped water.  In the aftermath of the Mine’s liquidation, Merafong Local Municipality declined to assume responsibility for this water provision, arguing that the former mine village was private property.

The Municipality cut water supply to the community multiple times over the course of 2015.  Termination of piped water services had a severe impact on the families of this community, which has long had access to running water.  Water disconnection was not only restricting the community’s to accessing water but  was a violation to their right to access sanitation, as the village relies on a flush toilet sanitation system that is inoperable in the absence of piped water. 

The Constitution as well as relevant water legislation enshrines the progressive realization of the right to water and charges local government with providing it. Today’s order safeguards that right even for communities whose access to water has historically been dependent on private entities, and reaffirms that this fundamental right cannot be reversed.

Lawyers for Human Rights (LHR) notes, however, that the intermittent nature of the water supply permitted by the order may allow for infrastructure theft while water is not flowing, despite the best efforts of the community to prevent that theft.  LHR looks forward to engaging with stakeholders including the Municipality to prevent this outcome.

For more information, contact Carol Mohlala 061 906 0353