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Section27(1)(b) of the Constitution of the Republic of South Africa determines that everyone has the right to have access to sufficient water. In order to fulfil this right, the Water Services Act of 1997 determines that Water Services Authorities have the responsibility to ensure access to water supply and sanitation services within their respective constituencies. The Act further provides the regulatory framework and financial assistance to Water Services Institutions.  Municipalities who are appointed in terms of this Act as Water Services Authorities thus have a crucial and direct role to play in providing everyone, including vulnerable communities, with access to water supplies.

From 19 to 22 October 2021, the Commission held an inquiry into access to water and the efficacy of water service authorities in the Limpopo Province. The inquiry was held as a result of an increasingly concerning number of complaints received from members of the public regarding their lack of access to water.

The inquiry commenced with the provision, by academic institutions (University of Venda and University of Limpopo), of conceptual insights and research results on the usage and safeguarding of the natural water resources within the province. These universities were in agreement that although Limpopo is the most vulnerable province to climate change due to erratic rainfall patterns, it was nonetheless a combination of maladministration, a lack of expertise, as well as failing infrastructure which are largely responsible for the decline in the provision of access to water to communities in Limpopo.

The Commission also heard from community members who provided evidence of devastating experiences of living without reliable access to water. While some having to survive for weeks at times without access to water, their pleas are often met with non-responsiveness from water service authorities. Rural communities, in the main, often resort to accessing water from contaminated rivers and streams which are shared with livestock and wild animals. Related to the non-provision of water by authorized institutions is a growing and concerning culture of commodification and subsequent exploitation of poor communities.  Out of desperation, many are compelled to use between 80% to 90% of their income (Social Services Grants) to procure this basic service and human right. 

The Commission, in terms of enabling legislation, called all ten water services authorities in the Province to appear before it to give evidence under oath on their performance in relation to access to water. The testimonies, presented by Executive Mayors and Municipal Managers, revealed the extent and complexity of the myriad of challenges that form the basis of the devastating state of affairs.

In the main, it appears that water service authorities are lacking in planning, commitment and proper execution of their duties as called for by the Water Services Act. This prima facie finding has been fortified by the information provided by the Department of Water and Sanitation in Limpopo, who advised the Commission that moneys paid towards most of the water services authorities in the province is returned after each financial year, unspent. This means that the people of Limpopo remain without water, even though there are funds available to address their needs. 

Following this inquiry, the Commission will now assess and evaluate the evidence which has been placed before it and thereafter make a determination towards findings. The report, which may contain adverse findings against several municipalities and stakeholders, will be provided to all respondents who appeared before the Commission, and will be released publicly upon approval.

Nevertheless and in the meantime, the Commission can confirm the following immediate interventions, amongst others, which have emanated from the inquiry:

The Waterberg District Municipality is due to provide the Commission with a summary report by the end of Friday, 22 October 2021, on what intervention it will offer to address the urgent needs of the community in Ga-Mushi;

The Thabazimbi Local Municipality will submit an urgent application for grant assistance to the Department of Water and Sanitation to procure its own water tankers to assist the local community;

The Vhembe District Municipality has committed to engage directly with the Mhinga Traditional Authority to assist in their long-term challenges to access water. The Municipal Manager further confirmed existing plans, which are projected to be finalized by December 2021, for the provision of reliable access to the area;

The Executive Mayor of Capricorn District Municipality has committed to engage the community of Groothoek in Lebowakgomo Zone B by Thursday, 29 October 2021 to ventilate issues which are causing a delay in the finalization of a project moving towards provision of water for the community;

The Executive Mayor of Polokwane Local Municipality has committed that the community of Mamahule would receive emergency water provision through water tankers commencing Friday, 22 October 2021. This commitment has been relayed to the traditional authority within the community;

The Mayor of Bela-Bela committed to immediately provide water tankers to the informal settlement of Savanna within their district;

Mogalakwena Mayor further provided an undertaking of immediate access to water tankering services to the community of Ga-Mushi Village, coupled with a visit from the mayor within the next seven days.

The Commission further heard from the Departments of Health and COGHSTA, as well as from the Office of the Premier as oversight bodies. The Commission is of the view that these oversight bodies displayed a lack of consequence management towards those municipalities who are unable to provide water to vulnerable communities. The Commission has committed to work with these oversight bodies to strengthen their mandates and provide the much necessary impact that’s needed to ensure service delivery.

The Commission is convinced that through the strengthening of cooperative governance, as well as the proper and efficient administration of the water services authorities, the communities in Limpopo can be provided with access to uninterrupted, clean drinking water, as it is their constitutional right. The Commission has committed itself to assist municipalities to achieve this inalienable goal and has already secured the undertaking from several municipalities that a human rights based approach will be adopted in the deliberation of their respective Integrated Development Plans. The Commission also commends the progress made by a number of these authorities, such as abolishing the usage of water tanker service providers and strengthening their internal capacities to deliver on the mandates awarded to them by the Constitution as well as the relevant legislation.

The Commission, however, emphasized that it will not hesitate to make adverse findings against several of these water service authorities where it is of the view that the submissions were lacking, unclear and devoid of commitment to the people of Limpopo. In this regard, it is to be noted that the Commission’s findings are binding, until set aside by a court of law.

Issued by The SAHRC Limpopo Provincial Office Manager, Mr Victor Mavhidula