BOSA takes water shedding crisis to Constitutional Court

BuildOneSA leaders, Nobuntu Hlazo-Webster and Ayanda Allie-Paine led a media briefing outside the Malvern Clinic, where three weeks ago, patients were allegedly turned away due to water cuts at the facility.

BuildOneSA leaders, Nobuntu Hlazo-Webster and Ayanda Allie-Paine led a media briefing outside the Malvern Clinic, where three weeks ago, patients were allegedly turned away due to water cuts at the facility.

Published Mar 20, 2025

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The Gauteng government has been urged to put a stop to the continuing water shedding crisis which has seen parts of the city experience water cuts for prolonged periods of time.

It is this crisis that has prompted BuildOneSA  (BOSA) to take the ongoing water shedding crisis to the Constitutional Court in a bid to compel the provincial government to take drastic measures in ensuring water at government institutions and public facilities do not affect service delivery. 

 The is still preparing its application to the Apex court, with party leaders saying they cannot sit and do nothing as services at government institutions, including schools, hospitals, clinics, courts and police stations come to a standstill whenever water cuts are implemented in communities.

On Thursday, as part of the party's the Human Rights Day campaign, BOSA leaders, Nobuntu Hlazo-Webster and Ayanda Allie-Paine took their campaign to the Malvern Clinic where over three weeks ago, patients were allegedly turned away after prolonged water challenges.

Some members of this community, speaking on the sidelines of this gathering revealed that this is a common occurrence at the facility and within the community.

One community member Nobuhle Skosana remarked: "we call on the government to do better as water is a basic human right. Where I live, we hardly experience water shedding but the clinic here is a mess. The incident which took place two weeks ago was not the first occurrence of water cuts at the facility. Almost every week, patients are turned away or are forced to go back home due to water challenges. This must stop," Skosana said.

During her address outside the clinic, Hlazo-Webster indicated that their previous court challenge alongside other political parties in 2023, launched to stop load shedding at government institutions, has become a positive precedent that allowed for the government to eventually stop load shedding last year. 

In 2023, BOSA alongside, the National Union of Metalworkers of South Africa (Numsa), and 16 other parties argued in their application before the Gauteng High Court in Pretoria that load shedding had become a human rights concern, adding that government’s response to the problematic power cuts had undermined the fundamental rights of citizens. 

 These parties were granted victory when the high court ruled in their favour with the court judgement ordering the minister of electricity, Kgosientsho Ramokgopa to "take all reasonable steps" by no later than 31 January 2024 to stop load shedding at various government institutions and facilities including schools and healthcare facilities.

As a result, Hlazo-Webster indicated that this approach is the real solution to the water crisis which is far more important than any other right as enshrined in the country's constitution.

"Yes, the Eskom case was successful, and it has set a precedent. There was then an appeal by the department and we continued in spite of this appeal to fight in ensuring that essential services are provided at public institutions, which has led us to where we are today with load shedding.

"The Court emphasised that the state bears the responsibility to take reasonable measures to ensure the progressive realisation of this right within its available resources. Alarmingly, the current water crisis has reached critical institutions. Reports indicate that even the Constitutional Court has faced disruptions due to unreliable water supplies, underscoring the severity of the situation,'' Hlazo-Webster stated.

This week, the Department of Justice and Constitutional Development revealed that it has implemented measures to mitigate the power and water challenges at various courts countrywide with the minister Mmamoloko Kubayi through departmental spokesperson, Terrence Manase indicating that the department working together with the Department of Public Works had installed generators at 153 courts and are fully functional during load shedding.

 “The minister said to mitigate water shortages, the department has installed water tanks, boreholes and pumps. Additionally, efforts to improve infrastructure include renovating and upgrading court facilities with multiple courts already refurbished," Manase said.

Meanwhile, DA federal leader, Helen Zille is set to lead another water crisis inspired Human Rights Day event in Claremont, Johannesburg on Friday, where Zille will be addressing residents on their water issues and other human rights violations in the area.

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