S v Mazibuko (A1246/2006) [2008] ZAGPHC 106 (18 April 2008)

S v Mazibuko (A1246/2006) [2008] ZAGPHC 106 (18 April 2008)

The court found that the respondents' decision to limit free basic water supply to 25 litres per person per day or 6 kilolitres per household per month was unreasonable and failed to meet the constitutional obligation to progressively realize the right to sufficient water. The forced installation of prepayment meters in Phiri Township, without genuine choice or proper consultation, was unlawful, unconstitutional, and procedurally unfair. The differentiation in water supply policies between Phiri and other areas amounted to unfair discrimination on the basis of race and geography, violating the right to equality. The court held that the respondents have the financial and administrative...

Citation
[2008] ZAGPHC 106
Parties
Applicant: Lindiwe Mazibuko; Applicant: Grace Munyai; Applicant: Jennifer Makoatsane; Applicant: Sophia Malekutu; Applicant: Vusimuzi Paki; Respondent: The 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
18 April 2008
Case Number
A1246/2006
Procedural Posture
Review Application / Judgment After Hearing on Merits
Outcome
Application granted in part; respondents' water supply policy and prepayment meter system declared unconstitutional and unlawful.
Judges
M P Tsoka
Legal Topics
Right to Water, Bill of Rights Limitation, Equality and Non Discrimination, Promotion of Administrative Justice Act, Municipal Services, Procedural Fairness
Constitutional Law Administrative Law Civil Procedure Right to Water Bill of Rights Limitation Equality and Non Discrimination Promotion of Administrative Justice Act Municipal Services +1 more

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Parties

Lindiwe Mazibuko

Applicant

Grace Munyai

Applicant

Jennifer Makoatsane

Applicant

Sophia Malekutu

Applicant

Vusimuzi Paki

Applicant

The 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 / Judgment After Hearing on Merits

Legal Issues

  1. 1 Whether the limitation of free basic water supply to 25 litres per person per day or 6 kilolitres per household per month is constitutional and lawful.
  2. 2 Whether the forced installation of prepayment water meters in Phiri Township without the choice of all available water supply options is constitutional and lawful.
  3. 3 Whether the procedures followed by the respondents in introducing prepayment meters were procedurally fair and reasonable.

Ratio Decidendi

The court found that the respondents' decision to limit free basic water supply to 25 litres per person per day or 6 kilolitres per household per month was unreasonable and failed to meet the constitutional obligation to progressively realize the right to sufficient water. The forced installation of prepayment meters in Phiri Township, without genuine choice or proper consultation, was unlawful, unconstitutional, and procedurally unfair. The differentiation in water supply policies between Phiri and other areas amounted to unfair discrimination on the basis of race and geography, violating the right to equality. The court held that the respondents have the financial and administrative...

Court Disposition

Application granted in part; respondents' water supply policy and prepayment meter system declared unconstitutional and unlawful.

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.