- The High Court has now confirmed a final interdict protecting the university’s right to repair and maintain its water pipelines.
- The court found that blocking access caused ongoing harm and put the essential water supply for thousands of people at risk.
- Leokeng Communal Property Association was interdicted from interfering and ordered to pay the legal costs.
Sefako Makgatho Health Sciences University has secured final protection after the High Court in Pretoria found that Leokeng Communal Property Association unlawfully blocked access to a critical water pipeline. The blockage prevented urgent repairs to infrastructure relied on daily by students, staff and contractors.
The pipeline supplies drinking water, sanitation, irrigation and other essential services across the university campus. When a major pipe burst on 11 September 2025, causing a critical shortage, the university urgently sought access to carry out repairs, but that access was refused, forcing emergency litigation.
Acting Judge A Janse van Rensburg held, “The University has established a clear right worthy of protection.” The judge further remarked, “The owner of movable or fixed infrastructure such as pipelines retains the right to protect and maintain it even when it is situated on another’s land, unless a contrary agreement or some other instrument provides otherwise.”
Blocked access caused ongoing harm
Evidence before the court showed that recurring pipe bursts had already strained operations, but the September 2025 fault created an acute crisis when contractors could not reach the damaged section. The court heard that around 3,000 students, staff and contractors use the eastern entrance daily, while broader disruption affected about 5,500 people linked to university operations.
Judge Janse van Rensburg observed, “Injury is evident. The LCPA’s refusal and subsequent barricade prevented repairs and access, affecting 5,500 people and causing ongoing harm.”
The court accepted that continued obstruction materially interfered with the university’s operational duties and created a reasonable apprehension of future interference.
Court confirms final protection
Leokeng argued that no formal servitude existed in favour of the university. The court rejected that defence, finding that the pipeline predates Leokeng’s ownership, remains university property, and has historically been accessed for maintenance and repair.
Judge Janse van Rensburg recorded, “The pipeline’s existence predates LCPA’s ownership, and access has been granted previously. Denying it now constitutes unlawful interference, warranting protection.”
In confirming the final order, the judge concluded, “The LCPA did not show cause why the interim order should not be made final.”
The court interdicted Leokeng from refusing access for repairs, barred threats or obstruction against contractors carrying out maintenance work, and ordered the association to pay costs, including the costs of the urgent application.
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