Masilonyana Local Municipality in the Free State is expected to restore water services to affected communities following a court ruling that ordered the municipality to comply within seven days.

This was after the South African Human Rights Commission (SAHRC) took the municipality to the Free State High Court, following a litany of complaints. 

On June 12, the court granted the SAHRC an order compelling the municipality to take action to ensure access to drinking water, particularly in Winburg, Makeleketla, as well as the surrounding informal settlement of Motsemotsha. 

The municipality has been given until Wednesday, June 25 to comply.

The municipality spokesperson, Zongezile Ntjwabule, said the municipality elected not to oppose the court application but to abide and comply with the judgment.

However, Ntjwabule said the municipality is of the view that there must be an appreciation of the extent of challenges it faces to provide a sustainable water in Winburg and Makeleketla.

He said the municipality is grappling with severe problems, particularly with its aging water and sanitation systems, which include the water treatment plant and reservoirs.

“Despite these challenges, the Municipality is working hard within limited resources to address them. Hence, the strengthening of personnel capacity with the appointment of the new Director of Infrastructure and Technical Services and Water Technologist,” said Ntjwabule. 

During the outage, Masilonyana deployed water tankers, but residents reported that the service was inconsistent and insufficient despite the municipality’s claims of working tirelessly to restore water.

The court application follows the SAHRC’s service delivery report, released in November 2024, which found serious human rights violations across the 18 local municipalities in the Free State, including Masilonyana. 

The report highlighted systemic failures in the provision of basic services, such as water supply.

The SAHRC found that the municipality was in violation of section 27(1)(b) of the Constitution and regulations 3 and 4 of the Regulations relating to compulsory national standards and measures to conserve water by failing to ensure that all households, particularly in informal settlements, have access to water.

The commission also found that areas such as  Masilo and Brandfort are experiencing water deficits, resulting in water shortages. Further, the municipality’s regular water cuts were implemented without residents being informed.

The commission recommended that the municipality must, within three months of receipt of their report, submit a council approved plan on how water would be provided to all households in the jurisdiction of the municipality, particularly areas such as Masilo and Brandfort, as well as measures which the municipality has or is putting in place to ensure that it communicates the water shedding schedule to communities timeously. 

In its reaction to the High Court’s order, the SAHRC said it was concerned that despite several recommendations contained in its service delivery report, these violations have persisted, necessitating legal intervention.

“Recommendations of the SAHRC are not to be willfully ignored, but they are to be accorded respect and be implemented,” said the commission, adding that the court order sends a strong message to municipalities and municipal managers on the need to adhere to their obligations to deliver basic services and take the reports of the Commission seriously.

“The commission will continue to engage municipalities across the country regarding the implementation of the recommendations of the commission. However, the commission will not hesitate to litigate against municipalities that fail to implement the recommendations of the commission. Municipalities have a duty to deliver services and failure to do so is a denial of residents’ human rights.”

manyane.manyane@inl.co.za

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