Federation for Sustainable Environment and Others v Minister of Water Affairs and Others (35672/12) [2012] ZAGPPHC 128 (10 July 2012)

Federation for Sustainable Environment and Others v Minister of Water Affairs and Others (35672/12) [2012] ZAGPPHC 128 (10 July 2012)

The court found that the matter was urgent due to the ongoing violation of the constitutional right to access potable water. The respondents, particularly the sixth to ninth, are responsible for providing water services at the local level and must take reasonable steps to ensure access to potable water. The failure...

Source-derived case information.

Citation
[2012] ZAGPPHC 128
Parties
Applicant: Federation for Sustainable Environment; Applicant: Silobela Concerned Community; Respondent: Minister of Water Affairs; Respondent: Director General: Water Affairs; Respondent: Acting Chief Director General of Water Affairs Mpumalanga; Respondent: Director of Water Affairs: Mpumalanga; Respondent: MEC Co-operative Governance and Traditional Affairs, Mpumalanga; Respondent: Acting Executive Mayor: Gert Sibanda District Municipality; Respondent: Municipal Manager: Gert Sibanda District Municipality; Respondent: Mayor: Albert Luthuli Local Municipality; Respondent: Municipal Manager: Albert Luthuli Local Municipality; Respondent: Komati Catchment Agency
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 July 2012
Case Number
35672/12
Procedural Posture
Urgent Application / First Instance Judgment
Outcome
Application granted in part; urgent relief and remedial orders issued against sixth and seventh respondents; costs awarded against sixth to ninth respondents.
Judges
N M Mavundla
Legal Topics
Right of Access to Water, Municipal Service Delivery, Environmental Pollution, Compulsory National Standards, Local Government Responsibility, Constitutional Entitlements
Constitutional Law Administrative Law Environmental Law Right of Access to Water Municipal Service Delivery Environmental Pollution Compulsory National Standards Local Government Responsibility +1 more

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Parties

Federation for Sustainable Environment

Applicant

Silobela Concerned Community

Applicant

Minister of Water Affairs

Respondent

Director General: Water Affairs

Respondent

Acting Chief Director General of Water Affairs Mpumalanga

Respondent

Director of Water Affairs: Mpumalanga

Respondent

MEC Co-operative Governance and Traditional Affairs, Mpumalanga

Respondent

Acting Executive Mayor: Gert Sibanda District Municipality

Respondent

Municipal Manager: Gert Sibanda District Municipality

Respondent

Mayor: Albert Luthuli Local Municipality

Respondent

Municipal Manager: Albert Luthuli Local Municipality

Respondent

Komati Catchment Agency

Respondent

Procedural Posture

Urgent Application / First Instance Judgment

Legal Issues

  1. 1 Whether the failure of the respondents to provide effective and reliable potable water for more than seven days is unlawful.
  2. 2 Whether the matter is urgent and warrants deviation from normal court procedures.
  3. 3 Which sphere of government is responsible for providing potable water in the affected areas.

Ratio Decidendi

The court found that the matter was urgent due to the ongoing violation of the constitutional right to access potable water. The respondents, particularly the sixth to ninth, are responsible for providing water services at the local level and must take reasonable steps to ensure access to potable water. The failure to provide effective and reliable water for more than seven days is unlawful, but the court declined to grant relief against respondents where the delay was partly attributable to community actions (such as burning water tanks). The court ordered the sixth and seventh respondents to provide temporary potable water within 72 hours, to engage meaningfully with the applicants, and...

Court Disposition

Application granted in part; urgent relief and remedial orders issued against sixth and seventh respondents; costs awarded against sixth to ninth respondents.

Orders

  • The application is declared urgent and non-compliance with forms and service is condoned.
  • The Sixth and Seventh Respondents are ordered to provide temporary potable water in line with regulations 3(b) of GN 509 in GG 22355 (8 June 2001) to the residents of Silobela, Caropark, and Carolina Town within 72 hours.