Mazibuko and Others v City of Johannesburg and Others (06/13865) [2008] ZAGPHC 491; [2008] 4 All SA 471 (W) (30 April 2008)

Mazibuko and Others v City of Johannesburg and Others (06/13865) [2008] ZAGPHC 491; [2008] 4 All SA 471 (W) (30 April 2008)

The court found that Regulation 3(b) sets a minimum standard for water supply, not a ceiling, and is not unconstitutional. However, the forced installation and use of prepayment water meters in Phiri Township, without proper legal authority, choice, or fair procedure, is unlawful and unconstitutional. The respondents' water policies and practices, including the amount of free basic water and the discriminatory impact of prepayment meters, violate the rights to equality, dignity, and access to sufficient water under the Constitution. The court held that the respondents have the financial and administrative capacity to provide more than the minimum, and that 50 litres per person per day is...

Citation
[2008] ZAGPHC 491
Parties
Applicant: Lindiwe Mazibuko; Applicant: Grace Munyai; Applicant: Jennifer Makoatsane; Applicant: Sophia Malekutu; Applicant: Vusimuzi Paki; Respondent: City of Johannesburg; Respondent: Johannesburg Water (Pty) Ltd; Respondent: Minister of Water Affairs and Forestry; Amicus Curiae: Centre on Housing Rights and Evictions
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
30 April 2008
Case Number
06/13865
Procedural Posture
Review Application / First Instance Judgment
Outcome
Application granted in part. The decision to limit free basic water supply to 25 litres per person per day or 6 kilolitres per household per month is reviewed and set aside. The forced installation and use of prepayment water meters in Phiri Township is declared unconstitutional and unlawful. The respondents are...
Judges
M P Tsoka
Legal Topics
Right of Access to Water, Promotion of Administrative Justice Act, Equality and Non Discrimination, Municipal Services, Review of Administrative Action, Socio Economic Rights
Constitutional Law Administrative Law Civil Procedure Right of Access to Water Promotion of Administrative Justice Act Equality and Non Discrimination Municipal Services Review of Administrative Action +1 more

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Parties

Lindiwe Mazibuko

Applicant

Grace Munyai

Applicant

Jennifer Makoatsane

Applicant

Sophia Malekutu

Applicant

Vusimuzi Paki

Applicant

City of Johannesburg

Respondent

Johannesburg Water (Pty) Ltd

Respondent

Minister of Water Affairs and Forestry

Respondent

Centre on Housing Rights and Evictions

Amicus Curiae

Procedural Posture

Review Application / First Instance Judgment

Legal Issues

  1. 1 Whether Regulation 3(b) of the National Standard Regulations setting minimum water supply is unconstitutional and invalid.
  2. 2 Whether the installation and use of prepayment water meters in Phiri Township is lawful and constitutional.
  3. 3 Whether the amount of free basic water provided (25 litres per person per day or 6 kilolitres per household per month) is sufficient and reasonable under the Constitution.

Ratio Decidendi

The court found that Regulation 3(b) sets a minimum standard for water supply, not a ceiling, and is not unconstitutional. However, the forced installation and use of prepayment water meters in Phiri Township, without proper legal authority, choice, or fair procedure, is unlawful and unconstitutional. The respondents' water policies and practices, including the amount of free basic water and the discriminatory impact of prepayment meters, violate the rights to equality, dignity, and access to sufficient water under the Constitution. The court held that the respondents have the financial and administrative capacity to provide more than the minimum, and that 50 litres per person per day is...

Court Disposition

Application granted in part. The decision to limit free basic water supply to 25 litres per person per day or 6 kilolitres per household per month is reviewed and set aside. The forced installation and use of prepayment water meters in Phiri Township is declared unconstitutional and unlawful. The respondents are...

Orders

  • The decision of the City of Johannesburg and Johannesburg Water (Pty) Ltd to limit free basic water supply to 25 litres per person per day or 6 kilolitres per household per month is reviewed and set aside.
  • The forced installation of prepayment water meter system in Phiri Township without the choice of all available water supply options is declared unconstitutional and unlawful.