Bhushula v Ukhahlamba District Municipality (2200/09) [2012] ZAECGHC 1 (12 January 2012)

Bhushula v Ukhahlamba District Municipality (2200/09) [2012] ZAECGHC 1 (12 January 2012)

The court found that the respondent municipality had taken reasonable legislative and other measures within its available resources to progressively realize the right of access to sufficient water for the Kwa-Ngquba community. The initial installation of water pipes, subsequent provision of water by truck, and the interim supply via Jojo tanks, as well as the ongoing upgrade project, constituted compliance with constitutional and statutory obligations. The applicant failed to demonstrate that the respondent breached section 27(2) of the Constitution or section 3(2) and (3) of the Water Services Act. The court emphasized that the right to water is subject to progressive realization and...

Citation
[2012] ZAECGHC 1
Parties
Applicant: Mandla Bhushula; Respondent: Ukhahlamba District Municipality
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
12 January 2012
Case Number
2200/09
Procedural Posture
Urgent Application / Final Judgment on Application for Mandamus
Outcome
Application dismissed with costs.
Judges
L.P Pakade
Legal Topics
Right of Access to Water, Progressive Realization of Rights, Water Services Act, Mandamus, Municipal Obligations
Constitutional Law Administrative Law Right of Access to Water Progressive Realization of Rights Water Services Act Mandamus Municipal Obligations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Mandla Bhushula

Applicant

Ukhahlamba District Municipality

Respondent

Procedural Posture

Urgent Application / Final Judgment on Application for Mandamus

Legal Issues

  1. 1 Whether the respondent municipality breached its constitutional and statutory obligations to provide access to basic water supply to the applicant and his community.
  2. 2 Whether the measures taken by the municipality to supply water were reasonable within the meaning of section 27(2) of the Constitution and the Water Services Act.
  3. 3 Whether the applicant is entitled to a mandamus compelling restoration of water supply.

Ratio Decidendi

The court found that the respondent municipality had taken reasonable legislative and other measures within its available resources to progressively realize the right of access to sufficient water for the Kwa-Ngquba community. The initial installation of water pipes, subsequent provision of water by truck, and the interim supply via Jojo tanks, as well as the ongoing upgrade project, constituted compliance with constitutional and statutory obligations. The applicant failed to demonstrate that the respondent breached section 27(2) of the Constitution or section 3(2) and (3) of the Water Services Act. The court emphasized that the right to water is subject to progressive realization and...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • The applicant is ordered to pay the costs of the application, including any reserved costs.