The Supreme Court of Appeal (SCA) declared on 25 March 2009 that the pre-payment water meters used in Phiri (a township in Soweto) in respect of water level 3 consumers is unlawful, because such use is not authorised by the by-laws, but suspended its order for a period of two years so as to enable the City of Johannesburg to legalise that use if it was able to do so.

In practical terms, according to the Coalition Against Water Privatisation (CAWP), this means that the City can thus continue to forcibly install pre-paid meters in poor communities (while providing wealthier residents with full credit metered water systems and thus allowing those with the means to do, to consume as much water as they want as long as they can afford it).

The SCA also declared that the City of Johannesburg is constitutionally obliged to provide 42 litres free water to account holders in Phiri who cannot afford to pay for such water. The CAWP says that “42 litres of water per person/per day [...] falls short of what is universally accepted and recognised as the minimum amount of water needed for basic human needs and dignity”. They also criticize the need to be registered as indigent to get free water. This means that the SCA allows the City to unilaterally determine and manage who enjoys their constitutional right to water and when.

Related news:

• South Africa: Jo’burg to challenge Phiri water ruling, WASH News Africa, 4 Mar 2009;
• South Africa: could water meters be unconstitutional? Source Weekly, 22 Jan 2008.

Web site: Judgment, Case No: 489/08, full text of the appeal

Source: Supreme Court of Appeal of South Africa – media summary, 25 Mar 2009; CAWP, Anarkismo.net, 27 Mar 2009; Coalition Against Water Privatisation (CAWP), 25 Mar 2009

Tags: africa, policies & legislation, water distribution