Press Release: Services Case set down for hearing in Pietermaritzburg High Court – 2 Nov 2018
Published by Legal Resources Centre 01 November 2018
For Immediate Release: 1 November 2018
The Legal Resources Centre (LRC) is in Pietermaritzburg High Court on the 2 November 2018 representing two farm occupiers and the Association for Rural Advancement (AFRA) who are acting in terms of Section 38 of the Constitution on behalf of the class of farm occupiers and labour tenants residing under the jurisdiction of Mshwathi, Msunduzi and uMgungundlovu municipalities in Kwa-Zulu Natal. This case is against Mshwathi, Msunduzi and Mgungundlovu municipalities.
The municipalities have failed to take reasonable measures to achieve progressive realisation of the farm occupiers and labour tenants’ right to water, in breach of Section 27 (1) (b) of the Constitution. Moreover, the municipality has failed to meet its obligations under Sections 152 (1) (a) and 153 (1) of the Constitution to promote social and economic development and to manage their administration and planning processes to give priority to the basic needs of communities, and to promote the social and economic development of the communities. The municipalities are also in breach of the Water Services Act, Regulations Relating to Compulsory National Standards and Measures to Conserve Water (Government Notice R509 in Government Gazette 22355 of 8 June 2001) (“the Regulations”), White Paper on Water Supply and Sanitation Policy 1994 (“White Paper”), the Extension of Security of Tenure Act as well as the Promotion of Administrative Justice Act No. 3 of 2000, in that the municipality failed to take an action of providing the farm occupiers and labour tenants with access to sufficient water, basic sanitation and collection of refuse.
On behalf of the farm dwellers and AFRA, the LRC will argue that the municipalities’ administrative action or failure to provide the farm occupiers and labour tenants with access to sufficient water and basic sanitation and collection of refuse on the grounds that this is unlawful, unreasonable and procedurally unfair.
LRC will ask the Court to grant the following order: