South Africa: could water meters be unconstitutional?

Updated - Tuesday 22 January 2008

South Africa's High Court is poised to rule whether Johannesburg's decision to introduce a multimillion-dollar prepaid water system in the country's largest township, Soweto, southwest of the city, is in violation of the residents' right to free water.

Residents of Phiri have demanded that the recently installed pre-paid water meters be replaced with a system similar to that which existed before 2004, when residents paid a monthly flat rate of about ten dollars for all their water requirements. They have also called for the amount of free water to be doubled from the current level of 25 litres per person per day. Five applicants have been struggling for more than three years to have their case heard in court. The three respondents are: the City of Johannesburg, Johannesburg Water, the city’s water utility, and the Minister of Water Affairs and Forestry.

"Ironically, the water problems being experienced in Phiri are partially due to the waterborne sewage system introduced instead of the pit latrines, as with this system a single flush uses between 10 and 12 litres of water," says Richard Moultre of South Africa's Legal Resources Centre, an independent, non-profit public interest law clinic.

While this case directly concerns only five individuals in Soweto, it could have far-reaching consequences for the whole country because it will determine how the constitutional requirement of the right of access to sufficient water should be applied. For example for the new system recently introduced in Cape Town. This new system consists of a water management device, which is installed in residents' houses, and a central control team in the City administration that regulates the functioning of these devices.

Web site: Centre for Applied Legal Studies (CALS) - Basic Services
- Phiri water rights case application

Related news:

  • South Africa: public interest case on the right of access to sufficient water, Source Weekly, 9 Nov 2007
  • New water management system in Cape, BuaNews / allAfrica.com, 5 Dec 2007
  • Criticial Comments on this new system by Food and Water Watch, Right to Water List Digest, 6 Dec 2007

Source: Steven Lang, IPS News, 28 Dec 2007; IRIN News, 14 Dec 2007

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