So, we have now progressed from loadshedding to water shedding, and the oracles predict that it will only get worse. This has recently prompted interesting comments and debate on the Telegram group of a local Ward Councillor. The problem was initially set off by a burst pipe. That took time to be fixed, as it usually does. Then the water came back on. Then it went off again. Then the water supplier, Johannesburg Water in this case, apparently could not work out if they had to close a valve, open a valve, find a valve – a real comedy of errors by all accounts. And whilst this was going on the collective blood pressures of the local residents was going higher and higher. “We have a constitutional right to water” “We pay our rates and taxes for service” “Where are the water tankers”.
Do you have a constitutional right to water? Clearly the Constitution says so.
Section 27(1)(b) states that everyone has the right to sufficient food and water whilst sub-section (2) notes that the state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of these rights.
But does this mean water 24/7/365? Is that reasonable or practical, even in the most functional of societies?
The City of Johannesburg Metropolitan Municipality Water By-laws lays out;
[C15(1)] The Council must take reasonable steps to realize the rights of every person to a basic water supply and sanitation services as defined in the Act, subject to the limitations contained in the Act.
(The Act referred to here is the Water Services Act 108 of 1997).
[C30] of the by-laws says that subject to the provisions of the Act, the supply of water by the Council does not constitute an undertaking by it to maintain at any time or any point in its water supply system –
- An uninterrupted supply;
- A specific pressure or rate of flow in such supply; or
- A specific standard of quality of water.
Provided that if the water supply to a consumer is interrupted for more than 24 hours, the Council must provide an alternate basic water supply as soon as reasonably practicable.
What is “reasonably practicable” here – presumably anything they decide on.
At the end of the day, you either sit on your municipality to sort their water woes out, sink a borehole or buy a water tank.
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