Section 27 of the Constitution of the Republic of South Africa, 1996 (“the Constitution”) guarantees everyone the right to have access to sufficient water. Section 24 of the Constitution provides that everyone has a right to an environment that is not harmful to their health and wellbeing. Section 152(1) of the Constitution enjoins local government to provide services to communities in a sustainable manner and to promote a safe and healthy environment. In terms of section 156 (1) (a), read with Schedule 4B of the Constitution, local government is responsible for administering “water and sanitation services limited to potable water supply systems and domestic waste-water and sewage disposal systems.” The fundamental right to dignity under section 10 of the Constitution is also relevant to the issues relating to access to sufficient water, basic sanitation and safe environment. It is inconsistent with the right to dignity to have to live without access to sufficient water and sanitation.

The SAHRC has, over the years, undertaken various interventions to redress major and systemic human rights violations and to improve service delivery. These included issuing investigative reports with recommendations, pursuing litigation in the courts, engaging with the Department of Cooperative Governance, Human Settlements and Traditional Affairs (COGHSTA) and the South African Local Government Association (SALGA) in efforts to enhance cooperation in improving service delivery through good governance, accountability and consequences management in local government in the North West Province.

The state of local government in the North West Province is deeply concerning. COGTA, in its report to the COGTA Portfolio Committee, stated that out of the 22 municipalities in the province five (5) are fairly stable, seven (7) are at risk and require close monitoring and support and ten (10) are dysfunctional.

During the site inspections, the SAHRC will consult with affected residents, individual complainants and the responsible municipalities. The Commission has addressed correspondence to all implicated municipalities inviting them to participate in the site inspections with a view to facilitate a speedy resolutions of the human rights issues. 

The site inspections will take place as follows:

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For further information contact the SAHRC North West Provincial Manager, Mr Osmond Mngomezulu on 060 790 1476 / This email address is being protected from spambots. You need JavaScript enabled to view it. or Adv. Oarabile Gaoraelwe on 0824045788 / This email address is being protected from spambots. You need JavaScript enabled to view it.