Water crisis: SAHRC finds KZN violated residents’ rights
The South African Human Rights Commission (SAHRC) has found that the government in KwaZulu Nata and local water entities have violated the rights of residents by depriving them of water.
The human right watchdog released its findings and recommendations on Monday in Durban.
The inquiry was launched after hundreds of complaints were lodged about water shortages, pollution, and quality failures.
The commission also looked into whether service providers violated people's right to access clean water.
KwaZulu Natal Commissioner, Philile Ntuli says municipalities in general and water service authorities have violated residents’ right to access clean drinking water, as provided for in international, constitutional, and statutory provisions.
"This violation of rights is aggravated by the pervasive sense of neglect, disregard, and in some instances, contempt for people’s suffering and their attempts to engage with their municipality through officials and elected representatives,” says Ntuli.
"The Commission finds that these challenges reflect poor planning and management of resources, particularly in relation to non-revenue water and maintenance of infrastructure, a reluctance to deal with corruption and non-performance, and an inability to plan and budget for future needs and expenditure," she said.
The Commission found that the violations had a disproportionate impact on women and girls.
Nutili says the violation has a direct impact on businesses, livelihoods, local economic development, and contributes to unemployment.
"The Commission finds a number of challenges with the water tankering system. These include but are not limited to inadequate and disproportionate supply to communities; manipulation and commercialisation of the system, such that those community members with connections and money receive regular delivery and supply at the expense of others; the politicisation of the tankering system; possible financial benefit from the system by municipal officials and members of municipal councils."
The report also found that the DWS, COGTA, and the KZN Legislature, have failed to effectively ensure that municipalities and water service authorities do not violate the residents of KZN’s right to access clean drinking water.
The watchdog made a raft of recommendations, which includes urging the department to intervene where water is not provided by placing incapable municipalities and water boards under administration.
"Invoke where appropriate, powers in terms of section 63 of the Water Services Act to take over the water services function, in parallel with COGTA powers in terms of section 139 of the Constitution, to put municipalities under administration for failing to deliver water," Ntuli says
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