The South African Human Rights Commission (SAHRC) has hailed a landmark Pretoria High Court ruling declaring the Madibeng Local Municipality’s failure to provide basic water services to Klipgat C residents unconstitutional and in breach of the Water Services Act.
The commission said the judgment marks a major victory following years of complaints, monitoring, and litigation aimed at securing residents’ constitutional right to sufficient, safe, and reliable water.
In its order, the court directed the Brits-based municipality — or the North West Cooperative Governance MEC Oageng Molapisi should the municipality be under administration — to take “immediate and concrete” action to ensure Klipgat C receives a permanent and accessible water supply.
Under the ruling, the municipality must install a functional water system that delivers at least 25 litres of water per person per day, or 6 kilolitres per household per month, with water points located within 200 metres of every home. The court further ordered that the water supplied must meet national safety standards.
Interim measures have also been strengthened. Water deliveries to Klipgat C must increase to three times per week, and all water trucks and tanks must be disinfected monthly until a permanent solution is operational.
The municipality must file a detailed implementation plan and progress report within 60 days, outlining timelines, procurement processes, responsible officials, and the expected connection date for the permanent system. Quarterly updates to the court will be required thereafter.
The SAHRC accused the municipality of long-standing non-compliance with its constitutional obligations, despite previous court directives and repeated interventions. Although water infrastructure exists in parts of Klipgat C, it reportedly remains unused due to the failure to connect it to the bulk supply.
Residents have endured “severe hardship” for more than a decade, the SAHRC said, often relying on erratic water deliveries or walking long distances to unsafe sources. Vulnerable groups — including children, the elderly, and people with disabilities — have been forced to buy water or pay others to fetch it, compromising health, hygiene, and dignity.
The commission said the judgment reaffirms the fundamental rights of vulnerable communities and reinforces state accountability.
“The order sets a precedent for holding municipalities and other organs of state accountable for service delivery failures and for ensuring that vulnerable communities are not left behind,” the SAHRC said.
