Limpopo communities want arrests over water crisis

Update: An earlier version of this article incorrectly featured an image of former municipal manager Norah Maseko.

The battle for clean drinking water in South Africa is intensifying, with rural communities in Limpopo taking the Sekhukhune district municipality to the High Court in Pretoria next week to ensure the arrest of government officials – including the city manager – for failure to comply with a previous court order.

At the core of the standoff between communities from Elandskraal, Morarela, Mbuzini, Dichoeng and Tsansabela, is failure by the municipality in the last five years to provide villagers with an adequate water supply.

The communities, represented by the Centre for Applied Legal Studies (Cals) at Wits University, want district council officials arrested for reneging on implementing last year’s court order, which compelled them to provide adequate water.

“Despite the matter having been placed under case management to closely monitor compliance with that order, the municipality has consistently failed in its duties,” said Cals attorney Ariella Scher.

“Ignoring this order, time and time again, not only seems to show a deep disrespect for the communities and their rights, but also a blatant disregard for the court and our justice system as a whole.

“The communities are left with no choice but to hold government officials personally liable, in an effort to send a message that failures by the council must be treated seriously.”

Judge Hans Fabricius last November found failure by the municipality to provide communities with adequate water “unacceptable”, holding the council in contempt for non-compliance with an earlier court order.

In line with the order, communities agreed to monitor the municipality’s progress over the next few months, hoping the judge’s intervention would lead to greater compliance.

Instead, the villagers have been without water since December and are forced to walk long distances to collect water from crocodile-infested rivers – risking their safety and health.

“Considering the trend of non-compliance, the communities will call for the arrest of the municipal manager as well as a punitive cost order against other accountable officials,” said Scher.

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