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Kgetlengrivier Concerned Residents and Another v Kgetlengrivier Local Municipality and Others (CIV APP FB 04/22; UM69/2021; UM79/2021) [2023] ZANWHC 29


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Kgetlengrivier Concerned Residents and Another v Kgetlengrivier Local Municipality and Others (CIV APP FB 04/22; UM69/2021; UM79/2021) [2023] ZANWHC 29

Legal gavel

24th March 2023


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Click here to read the full judgment on Saflii

[1] A sad reflection on our nascent democracy is the reality faced by the people of our Country brought about by the chronic absence of service delivery. The narrative which is replete in our media on a daily basis implicates service delivery at its core or basic level. The coalface of the absence of service delivery is more often than not at Municipal level, where Municipalities are failing our people. This appeal speaks to that sad reality and the endeavors of residents of a community to force their Municipality and its Municipal Manager into action to avert a human catastrophe which threatens the said community on a daily basis.


[2] The right to water and a healthy environment free from the harmful effects of sewerage spills; and the breach by the Municipality and its Municipal Manager of such duties and the endeavors at holding them to account for such breaches, subject to due process of law being followed by affected parties, is central to this appeal.

[3] The first appellant, the Kgetlengrivier Concerned Citizens (“the KCC”) comprising Koster and Swartruggens in the North West Province, approached this Court, the North West Division of the High Court, acting in the interests of the broader community falling under the municipal jurisdiction of the first respondent, the Kgetlengrivier Municipality (“the Municipality”) as represented by the second respondent, Joseph Mogale (“the Municipal Manager”), to assert their rights to water and a clean unpolluted environment.


[4] For purposes of this appeal it suffices to say that the application was served on the Municipality and the Municipal Manager and not brought ex parte as the court a quo found. The application was further not opposed by the Municipality and the Municipal Manager.




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