- The Society for the Protection of Our Constitution has filed an urgent High Court application over the Delmas water crisis.
- The papers state that water supply was terminated on 11 November 2025 and warn of irreparable harm to schools, hospitals, farms and households.
- The organisation argues that the outage constitutes a clear and ongoing violation of Section 27 of the Constitution and breaches the Water Services Act.
For months, families in Delmas have turned on their taps to find nothing but air. As hospitals ration water and schools struggle to stay open, desperation has reached a breaking point.
This crisis has now prompted an urgent legal showdown that puts South Africa’s constitutional promise of water for all to the test. The Delmas water crisis is now the subject of urgent proceedings in the High Court in Pretoria.
The Society for the Protection of Our Constitution wants the court to compel the government to restore water and declare the situation a national disaster. The semi-urgent application is set to be launched on 17 March 2026.
Applicants and respondents in the Delmas water case
The applicant, the Society for the Protection of Our Constitution, is a lawfully constituted association based in Springs. The founding affidavit is deposed to by Mohammed Arbee, who confirms he is authorised to act on behalf of the organisation.
The respondents are the National Minister of Water and Sanitation, the MEC for Water and Sanitation in Mpumalanga, the Victor Khanye Local Municipality, the Government of the Republic of South Africa, Rand Water SOC Ltd, and the Minister of Cooperative Governance and Traditional Affairs.
The municipality is cited as the water services authority responsible for ensuring delivery of water to residents within its jurisdiction, while Rand Water is described as the bulk supplier established under the Water Services Act.
Timeline and impact of the Delmas water crisis
The affidavit states that “the water supply to Delmas has been terminated since 11 November 2025.” Botleng, a densely populated suburb on the outskirts of Delmas, is described as home to more than fifty thousand residents, most of whom earn less than R8,000 per month.
The human impact is described in stark terms. The papers record that “the water shortage has acutely affected local schools, hospitals, old age homes, creches, and businesses.” They add that “local residents struggle to secure drinking water,” and that during extreme heat, “people have been rushed to hospital due to dehydration and associated illnesses.”
Women who have given birth and patients who have undergone surgery are said to be at risk. According to the affidavit, they “complain of difficulties in keeping their wounds clean and free from infection.” Schools are reportedly seeing declining attendance as learners are unable to bathe or attend regularly due to illness and lack of sanitation.
The economic consequences are also highlighted. The affidavit states that Delmas “is an agricultural community,” and that crops cannot be irrigated. “People have lost jobs as farms are not operating optimally,” the deponent explains.
In a deeply troubling passage, the papers refer to a fatal incident allegedly linked to the shortage. The affidavit records that on 10 February 2026, a 71-year-old man allegedly shot and killed a 33-year-old man during a dispute over access to water from a tank installed on private property. The applicant states that “this incident reveals the desperation of people in the Delmas community.”
Constitutional and legal context
The case relies on Section 27(1)(b) of the Constitution, which provides that “everyone has the right to have access to sufficient water.” It also invokes Section 27(2), which requires the state to take reasonable measures to progressively realise that right.
Quoting Section 3 of the Water Services Act, the affidavit states: “Everyone has the right of access to basic water supply,” defined as the “prescribed minimum standard of water supply services necessary for the reliable supply of a sufficient quantity and quality of water to households.”
National regulations prescribe a “minimum quantity of potable water of 25 litres per person per day or 6 kilolitres per household per month,” to be provided “within 200 metres of the household,” and “without interruption of more than seven full days in any year.”
The applicant argues that residents have been without water for months. The affidavit states that “the complete termination of water supply to our client and other Delmas residents constitutes a clear and ongoing violation of Section 27(1)(b) of the Constitution.” It further contends that the state “has failed to take reasonable measures to fulfil the right of access to water.”
Remedies sought before the High Court
The organisation asks the court to declare the Delmas water crisis a national disaster and to compel the restoration of supply within 30 days. It also seeks a reporting order requiring the government to outline the steps taken to ensure reliable and consistent water delivery going forward.
The High Court will now determine whether the prolonged interruption of water in Delmas amounts to administrative failure or an enforceable constitutional breach requiring immediate judicial intervention.
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