Analysis of the right to have access to sufficient water in South Africa

Abstract

The aim of the study was to analyse the right to have access to sufficient water across the country, the progress and challenges faced by both the government and residents in the provision of sufficient water. The government has made strides to ensure that every household has access to sufficient water. Poor and vulnerable people remain without access to water and when they do have access to water, the water is not sufficient for neither domestic nor personal use. In some instances, the water quality is poor and raises health concerns for the residents. Factors such as poor infrastructure, budget allocations and corruption have made service delivery, particularly access to sufficient water across various municipalities, a burden. The Madibeng Local Municipality is one the municipalities that have failed to provide access to sufficient water to its resident for at least 5 years consecutively. Residents are exposed to health concerns including cholera and typhoid. In many other parts of the country, people walk over long distances to get water from water sources such as rivers. A majority of municipalities across the country are failing to fulfil their constitutional obligation to provide sustainable access to sufficient water The National Water Act 36 of 1998 and Water Services Act 108 of 1997 have been enacted to assist with the protection of water sources and the distribution of water supply respectively. Due to the history of South Africa, it was important to enact legislation that caters for provision of water services to everyone irrespective of race and/or colour of their skin. Policies such as the Free Basic Water policy have also made it possible for the government to provide access to sufficient water to residents who cannot afford to pay for water services. Undoubtedly, there has been progress by the government to ensure that the right to have access to sufficient water is realised and fulfilled. However, the journey ahead remains long. This study has examined the provision of access to sufficient water to determine whether the government has fulfilled its obligation to provide sufficient water. A critical analysis of the right to have access to sufficient water was done by outlining international standard of the human right to water and the national framework.