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To: Right to Water <right-to-water@lists.iatp.org>
From: svarghese@iatp.org
Date: 2007-11-01 16:05:18
Subject: South Africa: Public interest case on the right of access to sufficient water
South Africa: Public interest case to be heard in the Supreme Court -
This will have constitutional implications for the right of access to
sufficient water. See Press statement by The Coalition Against Water
Privatization: COALITION AGAINST WATER PRIVATISATION
*PRESS STATEMENT*
*Wednesday 31st October 2007 *
*LEGAL CHALLENGE OVER WATER POLICY IN PHIRI (SOWETO) TO FINALLY BE HEARD
IN JOHANNESBURG HIGH COURT FROM 3RD - 5TH DECEMBER 2007. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * After three years of constant community struggle, a year after a legal
application was launched at the Johannesburg High Court and after the
filing of thousands of pages of legal documents, the battle of Phiri
(Soweto) residents against Johannesburg Water's limitation of free basic
water supply to 6 kilolitres per household, and unilateral installation
of pre-paid water meters will finally be heard from 3rd - 5th December
2007. The Court will be asked to declare these measures unconstitutional and
unlawful and to further order Johannesburg Water (Pty) Ltd. to provide a
free basic water supply of 50 litres per person per day, and the option
of a credit-metered supply installed at the cost of the City of
Johannesburg, to the residents of Phiri, Soweto. Besides Johannesburg
Water (JW), the other respondents in the case are the City of
Johannesburg (COJ) and the Department of Water Affairs & Forestry (DWAF) The applicants in this case are five residents of Phiri who are all
unemployed and living in conditions of poverty, on behalf of themselves,
their households and all residents of Phiri who are in a similar
position to the applicants, as well as everyone in the public interest.
The case has, from the beginning, been undertaken through the auspices
of the Coalition Against Water Privatisation (a collection of community
organisations and progressive NGOs struggling against the negative
effects of current water policies on the poor). The attorney of record
is the Centre for Applied Legal Studies (CALS) at the University of the
Witwatersrand. This case is of enormous significance for all of South Africa (and will
be of great interest internationally) in that it has crucial
constitutional implications about the right of access to sufficient
water (section 27(b) of the Constitution) as well as the right to
administrative justice (section 33 of the Constitution). Back in 2004, COJ, through JW, began rolling out the first phase of
*Operation Gcin'amanzi *('Conserve Water') in Phiri (Soweto). Residents
were told that *Operation Gcin'amanzi *was being implemented in order to
repair old piping infrastructure and would improve their water supply
and it was on this understanding and promise that most subsequently
signed a consent form allowing JW to enter their properties. Instead, JW
began forcibly installing pre-paid water meters (which automatically
disconnect water supply after the provision of the free amount of 6
kilolitres), illegally disconnecting the
water supply of those residents who refused and/or unilaterally
installing water stand pipes, thus robbing residents of access to proper
sanitation. Despite numerous attempts to engage in serious dialogue, COJ and JW
chose to ignore legitimate community concerns and embarked on a path of
confrontation. When residents, under the banner of the Phiri Concerned
Residents, the Anti-Privatisation Forum and the Coalition Against Water
Privatisation, openly resisted, COJ and JW turned to law enforcement
agencies and the courts to punish resistance and enforce their
undemocratic and anti-poor water policies. JW succeeded in obtaining a
High Court
interdict against resisters, hired a private security firm to guard
their equipment/ machines and even brought in the South African Police
Service and the South African National Defense Force to intimidate, beat
,shoot and arrest resisters. Many residents of Phiri have, over the last three years, paid a high
price as a result of standing up for their rights and now, they will
finally have their day in court. Leading up to the court hearing, the
Coalition Against Water Privatisation will embark on a sustained series
of activities to highlight the importance of the case for all those,
across South Africa, who desire equitable and just provision of water
and to mobilise various poor communities to show their support for the
applicants, the Phiri community
and all others suffering under the continued implementation of
*Operation Gcin'amanzi.* During the three days set aside for the hearing, residents of Phiri and
other communities in Gauteng, under the banner of the Coalition, will be
at the Johannesburg High Court in their numbers. The Coalition calls on
all community organisations, progressive NGOs & individuals and trade
unions to
show their support for this ongoing struggle for water rights. ***All legal documents filed in this case are available on the CALS
website *http://www.law.wits.ac.za/cals/**
******WATER IS LIFE!* *FOR FURTHER INFORMATION/COMMENT CONTACT THE FOLLOWING REPRESENTATIVES
OF
THE COALITION AGAINST WATER PRIVATISATION:* *Dale McKinley on 072 429-4086* *Virginia Magwaza-Setshedi on 078 473-3086 * * Patra Sindane on ** **073 052-7005*
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