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From Courts to Communities: Advancing the Right to Water in South Africa

  • Tinotenda Muringani
  • Jul 17
  • 3 min read

On 16 July, the Equality Collective presented at this year's Southern African Law Teachers' Conference (SALTC) hosted by the University of Pretoria Faculty of Law between13 to 18 July. The conference's theme was: "Reflections on constitutional supremacy in Southern Africa", bringing together academics, practitioners, and advocates to interrogate law's role in transforming lives.

As the Research & Advocacy Officer, I delivered a thought-provoking presentation highlighting critical insights into how grassroots activism, collective participation in democratic processes, and legal frameworks intersect and support each other. Realising the Right to Water Through the Courts

In my presentation, I referenced a few cases that have made important judgments on key issues regarding municipal water service provision. In the Unemployed Peoples Movement v Makana Municipality, the courts granted an order that mandated the provincial and national government to intervene in Makana Local Municipality.  The Mshengu and others v Msunduzi Local Municipality and others case provided important advancement in relation to municipalities’ obligations to provide water for farm dwellers and labour tenants who reside on private land. The case also concretised the use of structural interdicts in water rights cases–a mechanism that allows courts to monitor the implementation of court orders. In Mtungwa and Others v Ekurhuleni Metropolitan Municipality, the courts declared that the municipality must provide communities in informal settlements with water at the prescribed minimum standard as prescribed in the Regulations for Norms & Standards for Quality Water Services. 


In the last case, Minister of Water and Sanitation v Msukaligwa Local Municipality, the courts declared that, where municipalities want to rely on financial constraints as a defense to their failure to provide services, they must meet specific standards. The court outlined six criteria that must be met by a municipality if it wants to rely on this defense. This means municipalities cannot simply “throw [its] hands up in the air and say it does not have funding”. 


Non-Litigious, Community-Led Strategies for the Realisation of Water Rights 

My presentation also highlighted non-litigious social accountability strategies that communities are using to advance their right to water. This included the Amanzi Kumntu Wonke community water-monitoring system, Asivikelane’s social accountability work in informal settlements, and WaterCan’s Citizen Science initiative. These are key strategies that have advanced the realisation of water rights for communities and have bolstered the court orders in ensuring that municipalities are held accountable and deliver on their service delivery obligations.

A Deep Dive into Amanzi Kumntu Wonke Amanzi Kumntu Wonke is a community water-monitoring initiative that works with 32 local Water Ambassadors across 40 villages to monitor our rural bulk water scheme– the Mncwasa Water Scheme–on a daily basis. 

This data, which includes updates on whether there is water or not in the reservoirs and any damage/leaks in the infrastructure, is collated into daily, weekly and monthly reports shared with Amathole District Municipality (Amathole DM) and our community. A crucial component to the effectiveness of this project is a strong partnership between traditional leaders, community leaders, local government, civil society, and communities. 

When we first started monitoring in 2022 water reached 41% of reservoirs; by July 2024, 70%; and in September 2024, we achieved 92% water reliability. Although these statistics fluctuate, overall we have seen an improvement in communication between communities and Amathole DM and have received positive feedback from Amathole DM about the usefulness of our water reports. Our water reports, shared daily on our community radio station–Bulungula Community Radio–have also kept our communities updated, engaged and active in our collective advocacy around water in our villages. 

Our Top Three Take Aways
  1. Legal accountability works – Strategic litigation continues to be a vital tool for enforcing the right to water, especially in informal settlements and underserved rural areas.

  2. Community participation and action is key – Through initiatives like Amanzi Kumntu Wonke, water ambassadors are turning citizen data into action by monitoring reservoirs and engaging municipalities directly.

  3. Strong partnerships are vital for sustainable change – Collaboration between communities, traditional leaders, engineers, and municipalities builds sustainable pathways to water access.

We’re deeply grateful to the SALTC organisers and University of Pretoria for the opportunity to share our work and to engage with brilliant minds reshaping legal education and advocacy across Southern Africa. 


Learn more about Amanzi Kumntu Wonke in this blog written by our Right to Water Coordinator, Noluvo Mandukwini: https://www.equalitycollective.org.za/post/amanzi-kumntu-wonke-a-community-in-action-for-consistent-access-to-water 


Learn more about the Equality Collective here: www.equalitycollective.org.za


Tinotenda Muringani, Research & Advocacy Officer, presenting at the Southern African Law Teachers' Conference on 16 July.
Tinotenda Muringani, Research & Advocacy Officer, presenting at the Southern African Law Teachers' Conference on 16 July.

 
 
 

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