A court has ordered the government to act after rural communities spent years without clean water.
Now, a political party is demanding accountability and results.
A landmark ruling after decades of neglect
The Eastern Cape High Court in Mthatha has reportedly condemned all three spheres of government for failing to deliver basic water to residents of Ward 28 in Centane, a crisis that communities have endured for more than two decades.
According to reports, three residents from different villages in the ward, along with the Cape Town-based nonprofit Masifundise Development Trust, approached the court after the Amathole District Municipality repeatedly failed to provide water services to the area.
ActionSA MP Malebo Kobe said the ruling was long overdue.
For almost eight years, she said, residents of Nombanjana and Nxaxo villages in Centane had been forced to collect water from rivers and sources shared with livestock, despite repeated government promises of intervention.
“The Court’s ruling is therefore not merely a legal victory, but an affirmation of the dignity and humanity of these communities who have suffered for far too long,” said Kobe.
Government defied an earlier court order
According to reports, the court had already granted interim relief in October 2024, ordering the municipality and water board to provide residents with access to basic water services and directing that at least 25 litres of potable water per person per day be distributed.
The respondents reportedly did not comply.
Acting Eastern Cape Judge President Zamani Nhlangulela described the breach as “egregious” and ordered Water and Sanitation Minister Pemmy Majodina to convene a task team to devise and implement a long-term, sustainable water plan for Ward 28.
The respondents were also ordered to cover the applicants’ legal costs and report back to the court every three months.
ActionSA particularly welcomed the court’s finding that the minister and the premier carry a constitutional obligation to intervene when municipalities fail.
Kobe said the party was firm that deflecting responsibility was never acceptable.
“‘Not my problem’ can never be an acceptable response from government while communities suffer,” said Kobe.
“It remains to be seen if they will provide us with water”
Harvey Ntshoko, one of the applicants in the matter, welcomed the judgment but expressed measured optimism.
He charged that Premier Oscar Mabuyane’s government had repeatedly failed the residents, recalling a visit the premier made to the village in August 2023 during which he promised water delivery that never materialised.
“We are hoping they will do the right thing and provide us with water,” said Ntshoko.
According to News24, the premier’s spokesperson, Sonwabo Mbananga, said the provincial government had consistently acknowledged the serious water challenges affecting parts of the municipality, including Ward 28, and that emergency measures, such as drilling boreholes, had been undertaken.
“The premier respects the judgment of the court and acknowledges the seriousness of the findings concerning the constitutional rights of residents of Ward 28,” said Mbananga.
Municipal spokesperson Sisa Msiwa said the ADM would not contest the court’s findings publicly and would participate in the ministerial task team.
“ADM acknowledges the seriousness of the water supply challenges experienced in Ward 28 and the hardship that residents have endured,” said Msiwa.
“They need taps that work”
ActionSA cautioned that the court-ordered task team must not become another bureaucratic exercise that produces meetings and reports while residents continue to rely on unsafe water.
Kobe said the party would be demanding urgent clarity from the minister on timelines, funding, key performance indicators, and how communities would be consulted throughout the process.
“The people of Nombanjana and Nxaxo villages do not need more promises. They need taps that work, reliable infrastructure, and a government that cares,” said Kobe.
She added that the party would be closely watching whether the court’s reporting obligations were honoured.
“ActionSA will continue to closely monitor this intervention and the reporting obligations imposed by the court to ensure that the people of these villages do not go without water any longer,” said Kobe.
The Citizen reached out to the Department of Water and Sanitation for comment. This article will be updated once a response is received.
