SAHRC: Gauteng Water Failures Infringe Constitutional Rights

• The SAHRC report attributes Gauteng's water and sewage issues to systemic delivery network failures, not water scarcity.
• The investigation found deep-seated administrative, technical, and financial deficits are violating residents' constitutional rights to dignity, health, education, and a decent life.
• Municipalities are described as 'cost shock absorbers,' bearing the brunt of failures often originating from bulk suppliers, electricity cuts, or vandalism.
• Specific findings include Tshwane's R23-billion infrastructure backlog and 39% water loss, Johannesburg's R27-billion backlog and 45% losses, and Emfuleni's R0 capital budget for water and sanitation for two years.
• The report also highlighted deliberate sabotage of municipal infrastructure by service providers and the normalization of 'road-based water distribution networks' via tankers.

Zamantungwa Mbeki articulated that these deficits impact 'dignity, health, education and the ability to live a decent life,' framing the issue as a fundamental human rights concern rather than merely a service delivery problem.

The South African Human Rights Commission (SAHRC) has released a comprehensive report pinpointing the root causes of Gauteng's persistent water outages and sewage spills, concluding that these issues stem not from a scarcity of water, but from profound failures within the province's delivery networks. This Chapter 9 institution published its final findings on Monday, following an inquiry into water and sanitation services, with the report having been formally presented to Gauteng Premier Panyaza Lesufi on October 30.

During a briefing at the commission's Parktown offices, Zamantungwa Mbeki, the SAHRC's provincial manager, addressed various stakeholders including municipal officials, civic organizations, and media. Mbeki highlighted that the investigation uncovered deep-seated administrative, technical, and financial deficits that directly infringe upon the constitutional rights of residents. She emphasized that the extensive number of complaints received necessitated a move beyond isolated incidents to a thorough examination of the systemic challenges impacting water and sanitation provision across the province.

The inquiry itself took place in Johannesburg from May 19 to 21, chaired by Commissioner Henk Boshoff. It gathered submissions from a wide array of communities, civic groups, and municipal officials representing nine distinct municipalities: Johannesburg, Tshwane, Ekurhuleni, Lesedi, Merafong, Midvaal, Mogale City, Emfuleni, and Rand West City. Notably, Rand West City did not appear in person despite a subpoena, opting instead to provide written submissions. The commission's findings painted a grim picture, identifying widespread issues such as ageing and deteriorating infrastructure, significant water losses, inadequate storage and pumping capabilities, frequent electricity interruptions, and failures in bulk water supply, all compounded by weaknesses within municipal distribution systems.

These systemic failures have forced residents to endure prolonged service interruptions, leading to a reliance on costly water tankers and static tanks for basic needs. Furthermore, the report detailed extensive wastewater treatment failures, widespread sewage pollution originating from blocked or broken municipal infrastructure, and a general deterioration of vital water resources.

The SAHRC's investigation into Gauteng water constitutional rights underscores a critical breach of fundamental human entitlements, directly linking the province's water and sanitation crisis to violations of residents' constitutional rights. Zamantungwa Mbeki articulated that these deficits impact 'dignity, health, education and the ability to live a decent life,' framing the issue as a fundamental human rights concern rather than merely a service delivery problem. The commission's mandate compelled it to look beyond individual complaints to address the systemic nature of these challenges.

The report characterized municipalities as 'cost shock absorbers,' positioned at the end of the water supply chain where they disproportionately bear the brunt of failures often originating elsewhere. This dynamic was starkly illustrated by bulk supply interruptions from Rand Water in January and February, which left municipalities grappling with empty reservoirs, managing water tankers, and fielding complaints long after the bulk supply was restored. A similar pattern emerges with electricity cuts, acts of vandalism, the pollution of rivers, and the rapid expansion of informal settlements, all of which exacerbate the strain on local authorities.

Each 'emergency' event, according to the commission, diverts crucial financial resources, engineers' time, and administrative capacity away from essential repairs and long-term maintenance. This continuous cycle of crisis management prevents proactive solutions and perpetuates the infrastructure decay that underpins the constitutional rights violations. The report highlights that the growing disparity between identifying problems and implementing effective solutions is a recurring and detrimental theme.

The SAHRC report provided specific, concerning details regarding the state of water and sanitation infrastructure across several key Gauteng municipalities. Tshwane, for instance, faces an alarming R23-billion infrastructure backlog and loses a substantial 39% of its water supply. Compounding these issues, the municipality has accumulated R22.8-billion in unauthorised, irregular, and wasteful expenditure. The report also noted that sewage from Tshwane's Rooiwal works has contaminated raw water sources, despite ongoing upgrade efforts at the plant.

Johannesburg, while possessing strong technical capacity, is burdened with a R27-billion renewal backlog and experiences approximately 45% water losses. Furthermore, two of its treatment works consistently discharge non-compliant effluent, posing environmental and health risks. Ekurhuleni presents a mixed picture; its water quality and wastewater compliance are generally good, but a quarter of its reservoirs maintain less than 24 hours of storage capacity, rendering its supply inherently unstable and vulnerable to disruptions.

The situation appears particularly dire in the southern and western regions of the province. Emfuleni municipality, for example, allocated a capital budget of R0 for water and sanitation for two consecutive years. This critical lack of investment contributes to its staggering 57% water loss rate and a reported R7-billion in unauthorised, irregular, and wasteful expenditure. These specific municipal findings underscore the varied yet pervasive nature of the infrastructure and financial challenges contributing to the broader Gauteng water crisis.

The SAHRC report not only detailed the current state of affairs but also highlighted critical systemic issues that demand immediate attention. Commissioner Henk Boshoff revealed a disturbing finding: municipal infrastructure is being deliberately sabotaged by service providers, adding another layer of complexity to the already strained system. This deliberate interference further compromises the integrity of the water delivery networks and exacerbates service interruptions for residents.

The commission also observed that in some parts of Gauteng, water tankers now operate on established, regular routes, effectively creating what the SAHRC termed a 'road-based water distribution network.' This normalization of emergency water provision underscores the failure of conventional infrastructure and the deep entrenchment of the crisis. Zamantungwa Mbeki's stark statement during the briefing, 'Another meeting will not fix the pipe,' encapsulates the frustration with the persistent gap between identifying problems and implementing tangible solutions.

This growing chasm between problem recognition and decisive action is a recurring theme throughout the report, draining essential resources and perpetuating the cycle of neglect. The findings collectively paint a picture of a system under severe stress, where systemic failures, financial mismanagement, and even deliberate sabotage converge to undermine the constitutional right to water for millions of Gauteng residents. Addressing these multifaceted challenges requires a concerted effort to move beyond reactive measures and implement sustainable, long-term infrastructure and governance reforms.

Lawyers should advise clients on potential litigation risks arising from constitutional rights violations due to water and sanitation failures in Gauteng, as highlighted by the SAHRC report. Compliance officers in affected municipalities must review the report to address identified infrastructure backlogs and systemic deficits to avoid legal challenges and ensure service delivery compliance.

Source: Original reporting via the SAHRC report