South Africa Case Law

Mazatu and Another v OR Tambo District Municipality and Others (Reasons) (2660/2025)

Mazatu and Another v OR Tambo District Municipality and Others (Reasons) (2660/2025) [2025] ZAECMHC 68 (27 June 2025)

Court

Eastern Cape High Court, Mthatha

Case number

2660/2025

Judge

Rusi

The court granted urgent interim relief stopping termination of water supply to occupiers of a Mthatha property, pending review, because notice and fair procedure were inadequate.

• Right Of Access To Water
• Procedural Fairness
• Interim Interdict
• Municipal Services
• Bill Of Rights Limitation
• Condonation Of Internal Remedies

Clarens Ratepayers Association v Dihlabeng Local Municipality and Others (4379/2024)

Clarens Ratepayers Association v Dihlabeng Local Municipality and Others (4379/2024) [2024] ZAFSHC 280 (3 September 2024)

Court

Free State High Court, Bloemfontein

Case number

4379/2024

Judge

Cronjé, AJ

The court dismissed an urgent application to shorten time periods for a water-related case, finding the urgency was not justified and awarding no costs.

• Urgent Enrolment
• Abridgement Of Time Periods
• Right Of Access To Water
• Costs Order
• Urgent-enrolment
• Abridgement-of-time-periods

Sakeliga NPC and Others v Ditsobotla Local Municipality and Others (M311/2021)

Sakeliga NPC and Others v Ditsobotla Local Municipality and Others (M311/2021) [2024] ZANWHC 194 (22 July 2024)

Court

North West High Court, Mafikeng

Case number

M311/2021

Judge

FMM Reid

The respondents failed to fulfil their constitutional duty to provide sufficient water to the public, resulting in a severe water crisis that affected both people and animals. Their opposition to the application was unwarranted and amounted to an attempt to circumvent their obligations under section 27 of the Constitution. The applicants acted in the public interest and were substantially successful. Given the respondents' conduct and the public interest nature of the litigation, a punitive costs order on the attorney and own client scale is justified to penalize the respondents and encourage…

Source excerpt

• Right Of Access To Water
• Municipal Duties
• Public Interest Litigation
• Punitive Costs
• Attorney And Own Client Scale

Loizou v Matjhabeng Local Municipality and Another (5046/2023)

Loizou v Matjhabeng Local Municipality and Another (5046/2023) [2024] ZAFSHC 234 (25 April 2024)

Court

Free State High Court, Bloemfontein

Case number

5046/2023

Judge

MB Nemavhidi

The court found that the municipality acted unlawfully and in breach of its constitutional and statutory obligations by disconnecting the water supply to the applicant's property while a formal dispute regarding the charges was pending. The applicant had declared disputes and sought resolution, but the municipality failed to provide a formal outcome. The respondents did not comply with the relevant legislation and municipal policy, which prohibits disconnection of basic water supply in the presence of a dispute. The applicant demonstrated a reasonable apprehension of irreparable harm and had…

Source excerpt

• Municipal Services
• Interim Interdict
• Right Of Access To Water
• Administrative Action
• Condonation
• Non Joinder

South African Human Rights Commission and Others v Madibeng Local Municipality and Others (21099/2017)

South African Human Rights Commission and Others v Madibeng Local Municipality and Others (21099/2017) [2024] ZAGPPHC 43 (17 January 2024)

Court

North Gauteng High Court, Pretoria

Case number

21099/2017

Judge

PD Phahlane

The court found that the Municipality failed to meet the requirements for rescission under both Rule 42(1)(a) and the common law. The Municipality was properly served and elected not to participate, thus failing the 'absence' requirement. The policies relied upon by the Municipality were enacted after the original order and were irrelevant to the period in dispute. No reasonable explanation for the delay in bringing the rescission application was provided, and the defences raised did not constitute a bona fide defence with prospects of success. The application for condonation was refused. In…

Source excerpt

• Rescission Of Judgment
• Rule 42 Uniform Rules
• Right Of Access To Water
• Contempt Of Court
• Biowatch Principle
• Municipal Service Delivery

Afriforum NPC v Ngwathe Local Municipality (Parys) and Others (3185/2020)

Afriforum NPC v Ngwathe Local Municipality (Parys) and Others (3185/2020) [2022] ZAFSHC 275; [2022] 4 All SA 666 (FB) (19 October 2022)

Court

Free State High Court, Bloemfontein

Case number

3185/2020

Judge

Van Zyl

Urgent application over Parys water and sanitation problems dismissed after the court found the alleged electricity crisis had already been resolved.

• Right Of Access To Water
• Municipal Service Delivery
• Constitutional Duties Of Municipalities
• Urgency In Interdict Applications
• Costs Awards In Constitutional Litigation
• Municipal-service-delivery

Concerned Residents of Flag Boshielo West and Others v Sekhukhune District Municipality and Others (15437/2015)

Concerned Residents of Flag Boshielo West and Others v Sekhukhune District Municipality and Others (15437/2015) [2020] ZAGPPHC 442 (11 August 2020)

Court

North Gauteng High Court, Pretoria

Case number

15437/2015

Judge

D S Fourie

The High Court dismissed an urgent contempt application over ongoing water-supply non-compliance, finding the respondents’ explanations rebutted wilfulness and mala fides.

• Right Of Access To Water
• Contempt Of Court
• Municipal Service Delivery
• Constitutional Duties
• Interim Relief
• Contempt-of-court

Concerned Residents of Flag Boshielo West and Others v Sekhukhune District Municipality and Others (15437/15)

Concerned Residents of Flag Boshielo West and Others v Sekhukhune District Municipality and Others (15437/15) [2020] ZAGPPHC 12 (7 February 2020)

Court

North Gauteng High Court, Pretoria

Case number

15437/15

Judge

Ranchod

The High Court enrolled the matter as urgent, joined the Acting Municipal Manager in his official capacity, and refused broader interim interdict relief.

• Right Of Access To Water
• Urgent Interdict
• Joinder Of Parties
• Contempt Of Court
• Service And Notice Requirements
• Water-access

Mshengu and Others v Msunduzi Local Municipality and Others (11340/2017P)

Mshengu and Others v Msunduzi Local Municipality and Others (11340/2017P) [2019] ZAKZPHC 52; [2019] 4 All SA 469 (KZP) (29 July 2019)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

11340/2017P

Judge

Mnguni

The court found that the ongoing and persistent failure by the respondent municipalities to provide farm occupiers and labour tenants with access to basic sanitation, sufficient water, and refuse collection is inconsistent with the Constitution, specifically sections 9, 10, 24, 27(1)(b), 33, 152, 153, 195, and 237. The municipalities have a constitutional and statutory obligation to progressively realise these rights through reasonable legislative and other measures, including the development and implementation of specific plans prioritising vulnerable communities. The court rejected the resp…

Source excerpt

• Right Of Access To Water
• Basic Sanitation
• Municipal Services Obligation
• Progressive Realisation Of Rights
• Structural Relief
• Public Interest Litigation

Molefe and Another v Merafong Local Municipality and Others (63816/2017)

Molefe and Another v Merafong Local Municipality and Others (63816/2017) [2017] ZAGPPHC 1088 (17 October 2017)

Court

North Gauteng High Court, Pretoria

Case number

63816/2017

Judge

M W Msimeki

The High Court varied an earlier water-supply order for Blyvooruitzicht, directed restoration of piped water, and ordered the respondents to cooperate on a lasting solution.

• Water Services Act
• Right Of Access To Water
• Urgent Interdict
• Variation Of Court Order
• Right-of-access-to-water
• Urgent-interdict