Note to editors: The following statement was delivered today by BOSA Deputy Leader, Nobuntu Hlazo-Webster MP, at a press briefing in Johannesburg.
Tomorrow, Friday, 21 March 2025, South Africa observes Human Rights Day, commemorating the tragic events of the Sharpeville Massacre in 1960. This day serves as a poignant reminder of our nation’s ongoing commitment to uphold and protect the fundamental rights of all citizens as enshrined in the Constitution.
This year, Build One South Africa (BOSA) is dedicating Human Rights Day to highlight and defend a critical socio-economic right enshrined in our Constitution—the right to sufficient water.
Across the nation, countless citizens are grappling with water shortages and supply interruptions. Johannesburg, our economic hub, has been notably affected, with residents enduring prolonged water outages due to infrastructure decay and mismanagement.
Section 27 of the South African Constitution unequivocally guarantees that “everyone has the right to have access to… sufficient food and water.” This right is not merely aspirational but is enforceable, as affirmed by the Constitutional Court in the landmark case of Mazibuko v City of Johannesburg.
The Court emphasized that the state bears the responsibility to take reasonable measures to ensure the progressive realization of this right within its available resources.
Alarmingly, the current water crisis has reached critical institutions. Reports indicate that even the Constitutional Court has faced disruptions due to unreliable water supplies, underscoring the severity of the situation.
Compounding the urgency, World Water Day falls on 22 March, the day following Human Rights Day. In alignment with this global observance, BOSA announces its intention to launch a comprehensive Water Litigation Initiative to hold the government accountable for its failure to ensure reliable access to water.
BOSA’s Water Litigation Initiative
South Africa is facing a deepening water crisis that threatens the health, dignity, and economic stability of millions of citizens. Despite constitutional guarantees under Section 27, which affirms the right to sufficient water and obligates the state to take reasonable measures for its progressive realization, government mismanagement and corruption have resulted in severe water shortages across the country.
Many municipalities have failed to maintain water infrastructure, address leaks, or ensure equitable access, leading to widespread water-shedding, contamination, and supply failures.
Communities in provinces such as the Eastern Cape, Limpopo, and Gauteng have been particularly affected, with reports of hospitals, schools, and entire towns left without adequate water. This crisis, caused by administrative failure rather than natural scarcity, has made it increasingly clear that legal intervention is necessary.
BOSA has a long-standing commitment to ensuring government accountability and service delivery, utilizing both parliamentary oversight mechanisms and community-driven action to challenge inefficiency and corruption. As a party that prioritizes jobs, education, and security, we recognize that access to water is foundational to all three.
Our work in Parliament has included pressing for transparency in municipal budgeting, exposing financial mismanagement in local government, and advocating for infrastructure investment.
However, while these mechanisms remain crucial, they have been met with resistance, delays, and a lack of political will from those in power. Given this, we are now pursuing litigation as a direct means of compelling the government to act.
BOSA’s litigation strategy is rooted in constitutionalism, drawing from past judicial precedents and international best practices to ensure that the South African government fulfills its obligations regarding water supply.
Our legal approach is structured to address both the immediate crisis, such as water-shedding in essential institutions like hospitals and schools, and the broader failure of governance that has led to the widespread collapse of water infrastructure.
Key Aspects of BOSA’s Water Litigation
1. Water-shedding: Unconstitutional and indefensible: BOSA will argue that water-shedding is unconstitutional, particularly when it affects institutions critical to public welfare, such as hospitals and schools. Our litigation will contend that:
- Cutting off water supply to hospitals and schools threatens life, health, and education, which the government is constitutionally bound to protect.
- Alternative solutions, such as better water management, infrastructure repair, and financial accountability, exist but have been ignored, making water-shedding an unjustifiable and unlawful policy.
We will seek an interdict preventing water-shedding in essential institutions and a mandatory order compelling municipalities and the Department of Water and Sanitation to implement immediate remedial measures to restore reliable water supply.
2. The State’s positive duty to ensure reliable water supply Beyond preventing water-shedding, our litigation will focus on compelling the state to take immediate steps to ensure a sufficient and continuous water supply to essential institutions. The failure to do so violates multiple constitutional rights, including:
- Right to Healthcare (Section 27(1)(a)): Water shortages in hospitals lead to infections, delayed surgeries, and compromised medical care, infringing on the right to access healthcare services.
- Right to Education (Section 29(1)(a)): Schools without water are forced to shut down, denying learners their right to basic education.
- Right to Dignity (Section 10): Inadequate access to clean water undermines human dignity, particularly for marginalized communities.
- Children’s Rights (Section 28(1)(c)): The lack of sufficient water impacts school feeding programmes, violating children’s right to basic nutrition.
BOSA will argue that the state’s failure to provide adequate water supply is a breach of these constitutional rights, requiring urgent and enforceable judicial intervention.
3. Seeking structural relief – A long-term remedy: BOSA’s litigation will not only address immediate failures but will also seek structural remedies to ensure sustainable solutions to the water crisis. This includes:
- Judicial Oversight: Requesting the appointment of an independent water crisis monitor to oversee municipalities and report to the courts on progress in water restoration.
BOSA’s Water Litigation Initiative is not just about stopping water-shedding; it is about ensuring that every South African has reliable access to clean, safe water as a matter of constitutional right.
Our litigation seeks to set a legal precedent that will force structural change, reaffirming our commitment to constitutional governance and accountability.
We call on legal professionals, civil society, and affected communities to support this effort as we take this fight to the courts, demanding accountability, justice, and sustainable solutions to South Africa’s water crisis.
Media Statement by
Roger Solomons: BOSA Acting Spokesperson
Thursday 20 March 2025
Media Enquiries:
Roger Solomons – BOSA Acting Spokesperson – 072 299 3551