Concerned Residents of Flag Boshielo West and Others v Sekhukhune District Municiapality and Another
CALS represents approximately 5,000 households in five villages in Limpopo who have been living without access to water since 2009 when the Sekhukhune District Municipality cut off their water supply. The villages of Elandskraal, Morarela, Mbuzini, Dichoeng and Tsansabela have no water despite the fact that there is a pipeline servicing a wealthier municipal area nearby.
The majority of the community members are children, elderly women and men whose safety and health are compromised by the lack of water. They are forced to walk long distances to collect water from crocodile-infested rivers, and springs shared with animals. This puts women’s safety at risk particularly. Lack of water supply also impacts on sanitation facilities and girl children are, for example, often unable to attend school while menstruating.
CALS approached the North Gauteng High Court on a semi-urgent basis for water supply to be returned. The District Municipality opposed the application, which was heard on 21 July 2015. We reached a settlement with the District Municipality who will provide interim relief to our clients.
As part of the settlement, all parties have agreed that potable water will be trucked into the villages twice a week. The District Municipality will supply water on Thursdays and Fridays. The order had to be implemented within 14 days of the court order.
The second part of the application, which deals with the constitutionality of the Municipality’s policies and the steps they have taken to find a more permanent solution will be heard on 17 August 2017.
Court Papers
