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South Africa decisions
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Ngomane v City of Tshwane Metropolitan Municipality and Another (088813/2024) [2025] ZAGPPHC 254 (28 February 2025)
The court ordered Tshwane to reconnect the applicant’s water, required payment of arrears for own consumption, and directed finalisation of related review proceedings.
Kgetlengrivier Concerned Residents and Another v Kgetlengrivier Local Municipality and Others (CIV APP FB 04/22; UM69/2021; UM79/2021) [2023] ZANWHC 29; [2023] 2 All SA 452 (NWM) (17 March 2023)
Full Bench appeal about municipal water and sewage failures, contempt, and costs. The court dismissed all appeals, stressing due process and lawful enforcement.
Turner and Another v Ntintelo and Another (A 248/22) [2023] ZAWCHC 51 (8 March 2023)
The court found that the respondents were in peaceful and undisturbed possession of the right to use water and electricity at their residence on the farm, and that Mr Turner unlawfully deprived them of these rights by disconnecting the supply. The evidence, including corroboration by a police officer, was uncontroverted and the appellants' version was found to be inherently improbable and unsupported by objective facts. The court held that the spoliation remedy was correctly granted, as the respondents' rights to water and electricity were incidents of their occupation protected under ESTA, n…
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Communities around Labalelo and Others v Labalelo Water User Association and Others (2907/2021) [2022] ZALMPPHC 9 (14 February 2022)
The court found that the applicants, as representatives of affected communities, have standing to institute proceedings in the public interest without the approval of traditional leaders, in line with constitutional principles. However, the failure to join Sekhukhune District Municipality and Lepelle Northern Water, both of which have direct and substantial interests and statutory obligations regarding water provision, was fatal to the application. The applicants did not demonstrate compliance with the prescribed procedures for membership in the association, nor did they have a legal entitlem…
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Mnguni and Others v City of Johannesburg and Others (29769/2018) [2018] ZAGPJHC 546 (28 August 2018)
The High Court ordered restricted water supply to the applicants, struck off an urgent eviction counter-application, and rejected attempts to compel settlement negotiations.
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 th…
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