Key Points
- Failure to supply water ruled unconstitutional.
- Municipality must deliver safe water immediately.
- Commission signals zero tolerance for noncompliance.
The Free State High Court in Bloemfontein has declared that the Masilonyana Local Municipality’s failure to consistently provide safe drinking water violated constitutional rights.
The South African Human Rights Commission (SAHRC), through its Free State Provincial Office, successfully brought the case following persistent service delivery failures and human rights concerns.
The court ordered the Municipality and its Municipal Manager to take immediate steps to provide potable water, including through water tankers where infrastructure is lacking. The order also compels higher spheres of government, the Lejweleputswa District Municipality, the MEC for Cooperative Governance, and the Minister of Water and Sanitation, to fulfil their oversight and assistance roles.
This litigation follows the SAHRC’s 2024 service delivery report, which exposed chronic failures in basic service provision across 18 local municipalities in the Free State. Despite recommendations, the Masilonyana Municipality continued to neglect its obligations, prompting this legal action.
The SAHRC welcomed the ruling as a powerful affirmation that its recommendations must be implemented, not ignored. The commission reiterated its commitment to working with municipalities but warned it would not hesitate to pursue litigation where constitutional obligations are unmet.
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