Local government's mandate in addressing sewage pollution and ensuring sustainable access to clean water in South Africa

Abstract

In July 2010, building on Article 11(1) of the International Covenant on Economic, Social and Cultural Rights of 1966, the United Nations General Assembly adopted a landmark resolution. The resolution recognises the right to safe and clean drinking water and sanitation as an internationally recognised human right that is essential for the full enjoyment of life and all other human rights. The resolution also calls upon states and other organisations to scale up efforts to provide safe, clean, accessible and affordable drinking water for all. In South Africa, the right to access sufficient water is incorporated into the Constitution of the Republic of South Africa, 1996 (Constitution) and specifically its Bill of Rights. Section 27(2) of the Constitution, read with sections 7(2), 8 and 40, mandates that the state, and all its spheres of government, must take reasonable measures to ensure the realisation of the right to access to sufficient water. In terms of section 156 and Part B of Schedule 4 of the Constitution, this obligation extends to municipalities and the effective functioning of municipal water services.

However, the reality in South Africa is that many municipalities are failing to fulfil this responsibility. The central issue addressed in this mini-dissertation is the inadequate maintenance of drinking water and sewage infrastructure. Due to poor maintenance, these systems become vulnerable to failures such as leaks, blockages, or overflows, which allow raw sewage to enter natural water resources like rivers or aquifers. This pollution leads to the spread of harmful pathogens, pollutants and toxins, compromising the quality of drinking water that reaches domestic water supply systems. Consequently, as will be argued in this mini-dissertation, sewage pollution undermines the right to access to sufficient water in South Africa.

This mini-dissertation explores the legislative framework outlining the mandate of local government in addressing sewage pollution, with the goal of progressively realising the section 27 right of access to sufficient water in South Africa. Although not the main focus of the study, the research considers whether municipalities can be held legally accountable for failing to fulfil this constitutional mandate.