The report follows four complaints lodged with the Commission between January 2023 and January 2026 by residents of the affected villages, who alleged inadequate water provision in their communities by the RBA. The complaints concerned prolonged and recurring water shortages and inadequate alternative water provision measures.

The Commission’s investigation, which included correspondence with the parties, site inspections and an engagement with RLM, confirmed persistent water access challenges across all three villages. Consequently, the Commission found that residents of Mamerotse, Tlaseng and Tlapa do not enjoy access to water services that comply with the minimum standards prescribed by law and that their right of access to sufficient water, guaranteed by section 27(1)(b) of the Constitution and section 3 of the Water Services Act, has been violated.

The Commission further found that the RBA, as the Water Services Provider, failed to ensure that the water services provided to residents complied with the prescribed minimum standards. While the Commission acknowledges the measures implemented by the RBA, including communal water tanks, water tankering and its groundwater augmentation project, these measures have not adequately addressed the water access challenges.

The Commission also found that RLM, as the Water Services Authority, failed to ensure efficient, sustainable and legally compliant water service provision to the affected communities. Despite its awareness of the challenges and the establishment of coordination mechanisms with the RBA, residents continued to receive water services falling below the minimum standards prescribed by law.

The Commission has recommended that, within 60 days of receipt of the report, the RBA and RLM jointly submit a comprehensive, time-bound and costed remedial action plan to ensure compliance with the minimum standards for water provision in the three villages. The plan must include:

• interim measures to ensure that communal water points in Mamerotse and Tlaseng are situated within 200 metres of affected households;
• measures to establish adequate interim water services in Tlapa; and
• measures to ultimately ensure that households in all three villages can access the prescribed minimum water services within the boundaries of their yards.

The RBA is further required to report on the progress and anticipated completion dates of its groundwater augmentation project. The respondents are also required to report on the implementation of the remedial action plan until the identified water access challenges have been fully addressed.

The Commission recognises the infrastructural, financial and water scarcity challenges affecting the provision of water services. These challenges, however, do not diminish the constitutional right of communities to have access to sufficient water. While water tankering and communal water tanks may serve as necessary interim measures, they cannot become a permanent substitute for sustainable and legally compliant water services.

The Commission will monitor compliance with the recommendations contained in the report and reserves the right to take further appropriate steps should the recommendations not be implemented.

Click here to download the report.

ENDS