The Pretoria High Court has issued an order declaring the failure of the Madibeng Local Municipality to provide a basic water supply to the residents of Klipgat C unconstitutional and in violation of the Water Services Act 108 of 1997. The order was granted on 10 November 2025 and requires immediate action to ensure the community has permanent access to safe and sufficient water.
The South African Human Rights Commission, represented pro bono by Norton Rose Fulbright South Africa, welcomed the ruling. “This order is a major step in securing the constitutional right of the residents of Klipgat C to access sufficient and safe water,” said a spokesperson for the Commission. “It affirms that municipalities cannot neglect basic service delivery without accountability.”
Residents of Klipgat C have faced severe hardship for over ten years. Many have relied on irregular water deliveries or walked long distances to collect water from unsafe sources. Vulnerable groups, including children, the elderly, and people with disabilities, have been disproportionately affected. Some residents have used social grants to buy water or pay others to fetch it. The lack of water has impacted hygiene, health, and the ability of children to attend school and study.
Despite previous court orders and repeated interventions by the Human Rights Commission, the municipality failed to comply. Installed infrastructure remained unused because it was not connected to a bulk water supply.
The High Court’s order requires the municipality, or if under administration, the MEC of Local Government and Human Settlements, to install a permanent water system providing at least 25 litres of water per person per day, or six kilolitres per household per month. The water sources must be within 200 metres of each household and meet national safety standards.
Until the permanent system is operational, interim water deliveries must be increased to three times per week. Water trucks and tanks must be disinfected monthly. The municipality or MEC must submit detailed implementation plans within 60 days, including timelines, procurement processes, responsible officials, and the connection date for the permanent supply. Quarterly progress reports must also be filed with the court and the applicant.
If the municipality fails to comply and is not under provincial administration, the Minister of Water and Sanitation must intervene under section 63 of the Water Services Act. If the MEC does not act while the municipality is under administration, the Minister is likewise required to assume responsibility for implementation.
The order affirms the constitutional right to sufficient water, as outlined in section 27 of the Constitution. It also highlights related rights to dignity, equality, health, and the best interests of children. The court noted the severe and ongoing violation of these rights and emphasised the urgent need for effective remedies.
The ruling sets a precedent for holding municipalities accountable for service delivery failures. “Judicial oversight is critical in ensuring vulnerable communities are not left behind,” said the SAHRC spokesperson.
The South African Human Rights Commission and Norton Rose Fulbright South Africa said they will continue monitoring the implementation of the court order. They called on all authorities to act urgently and diligently to provide the Klipgat C community with the permanent water supply to which they are entitled.
