Mnquma villagers win court battle over water crisis

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Villagers in the Mnquma municipality have won a major court battle after the Mthatha High Court ruled that Eastern Cape premier Oscar Mabuyane and water and sanitation minister Pemmy Majodina failed in their constitutional duty to intervene in the area’s water crisis.

Acting judge president Zamani Mzwasi Nhlangulela ruled on May 15 that the minister and premier both failed to act against persistent failures by the Amathole District Municipality to provide residents in Ward 28, near Centane, with access to basic water services.

The judgment followed an application first brought before court in 2021 by three residents from the Nombanjana and Nxaxo villages, who cited the minister, Mabuyane, Amathole District Municipality, the minister of co-operative governance and traditional affairs and Amatola Water Board.

Residents have complained for years about severe water shortages, saying many people were forced to collect water from rivers where livestock also drank and bathed.

In his ruling, Nhlangulela ordered the minister to establish a task team involving all respondents to develop a long-term, sustainable plan to ensure residents of Ward 28 had access to water and basic water supply services.

Court papers also revealed that only 13% of households in the municipality had piped water between 2017 and 2022, according to Amathole District Municipality’s Water Services Development Plan.

One of the applicants, Harvey Ntshoko, said that despite the judgment, residents remained sceptical that conditions would improve.

Ntshoko said communities had exhausted most avenues before turning to the courts.

“If people had no water tanks that they could rely on, the situation would be very different,” Ntshoko said.

“There are people who wash clothes in the river where people get their water, even goats and pigs drink and swim there.

“Some can travel five to 10km to the river for water.”

He also criticised Mabuyane, accusing him of ignoring residents’ concerns during a previous visit to the area.

“The premier can’t let people go hungry and die from starvation while he is busy being happy,” Ntshoko said.

“He was here about three years back for an ANC women’s rally and he said there was water here, and he left without having let people say their part.”

Ntshoko said poor road conditions had also prevented some residents from attending the event.

The premier’s spokesperson, Sonwabo Mbananga, said the provincial government had acknowledged the seriousness of water challenges in parts of the Amathole District Municipality, including Ward 28 in Mnquma.

“The premier indicated in his affidavit that additional emergency measures, including the drilling and erection of boreholes in Ward 28, were undertaken as part of attempts to alleviate water scarcity in affected communities,” Mbananga said.

“While these interventions did not fully resolve the longstanding crisis, they formed part of ongoing efforts by different spheres of government to respond to the situation.”

By Nyashadzashe Chiwawa Across many cities and towns in South Africa, turning on a tap no longer guarantees water. Instead, water tankers arrive to deliver water to communities facing shortages. Water tankers have shifted from being an emergency stopgap to a routine feature of water provision by municipalities. In many communities, especially informal settlements and areas affected by repeated outages, residents now depend on trucks to deliver water for months at a time. This reliance has grown over more than 10 years as ageing pipes, leaking networks, failed pumps, power cuts and poor maintenance have made supply increasingly unreliable. Water tankering has also become a lucrative municipal business. Johannesburg Water, an entity owned by the City of Johannesburg, reportedly spent R130.5m on tankers in the 2024/25 financial year. Though this is only about 0.16% of Johannesburg’s combined R83.1bn operating and capital budget for 2024/25, it is a large recurring outlay for what is meant to be an emergency service. It is also about 1.8% of the city’s R7.4bn capital budget, money that could otherwise support longer-term infrastructure investment. In Johannesburg, the tankers are largely supplied through private contractors appointed by Johannesburg Water. They deliver water from Johannesburg Water’s own supply. The water tanker contracts have also attracted controversy: a R263m Johannesburg Water contract for 70 water tankers was declared invalid and set aside by the Gauteng High Court in December 2025 because of irregularities in the tender process. South Africa’s growing reliance on water tankers reflects a deepening collapse in municipal water systems. A 2023 government report found that 46% of water supply systems in the country had poor or bad microbiological water quality, compared with only 5% in 2014. Water lost through leaks, faulty meters, illegal connections, poor billing or uncollected revenue rose from 37% in 2014 to 47% in 2023. This is far above the international average of about 30%. By 2025, 47% of audited wastewater treatment systems were in a critical state, up from 39% in the previous assessment. Water systems rated excellent or good fell from 14% to 8%. Together, these reports point to a long-running deterioration in municipal capacity: infrastructure is ageing, maintenance budgets are inadequate, skilled staff are in short supply, and many municipalities are losing treated water faster than they can reliably deliver it. As a researcher working in public governance and service delivery, I conducted a study aimed at understanding what happens when a temporary water solution becomes permanent. I wanted to find out how this shapes the lives of people forced to collect their only water supply in buckets from tankers over long periods. My research explored how tanker-based water provision affects fairness, environmental sustainability, and trust in government in the eThekwini Municipality (formerly known as Durban). The findings reveal a troubling pattern. Marginalised communities, particularly those in informal settlements or peri-urban areas, receive irregular and unreliable water deliveries. Some wait hours or even days for water, while others have more consistent access. The key findings of my research are that water tankering: delays real solutions to water shortages is the result of top-down decisions that communities haven’t been part of has a negative impact on the environment makes inequality much worse. The challenges seen in eThekwini are not unique. Cities around the world are facing similar pressures from climate change, urbanisation and ageing infrastructure. Relying on short-term fixes like tankering is becoming more common. But understanding its consequences is critical for avoiding larger crises in the future. I spoke directly to people affected by water shortages and those responsible for managing supply: municipal officials, engineers, community leaders, activists and residents living in water-scarce areas. My aim was to record real-life stories about how people receive water, how they perceive the system and what challenges they face. The problems identified included: delays in real solutions to water shortages. Instead of investing in infrastructure like pipes, reservoirs and treatment plants, municipalities are relying on tankers as a stopgap. Over time, this delays tackling the root causes. As one participant described, tankering becomes a “Band-Aid” rather than a cure. a lack of community involvement. Decisions about water distribution are often made without input from those most affected, leading to mistrust, frustration and a sense of exclusion. When people feel they have no voice in how water is managed, it undermines both governance and social cohesion, as one person I interviewed told me: “I advocate for community-driven solutions such as rainwater harvesting systems or decentralised water treatment facilities. These approaches empower communities to manage their water resources sustainably and reduce dependence on external interventions like water tankering.” environmental impact. The tankers use diesel, which causes carbon emissions and pollution. Extracting and transporting water at scale can strain natural resources, especially in already water-stressed regions. As another person I interviewed said: “It’s not a sustainable solution for ensuring water security. It’s costly, energy-intensive, and can have negative environmental impacts.” inequality. Water is essential to life, health and dignity. When access to water is unequal, it affects everything from education and employment to public health. Children in water-scarce households may miss school. Families may spend hours collecting water instead of working. Poor water quality can lead to disease. These are not isolated issues. A community member told me that getting water from tankers instead of from the tap is frustrating and demoralising: “We feel like second-class citizens, constantly at the mercy of erratic delivery schedules and uncertain water quality. Ethically, we deserve access to reliable, clean water just like any other community. The current situation undermines our dignity and perpetuates a cycle of poverty and dependence.” What needs to happen next? First, governments must shift from reactive to proactive solutions. This means investing in long-term water infrastructure rather than relying on emergency measures. Pipes, treatment plants and storage systems may require large upfront costs, but they provide sustainable and equitable access to water over time. Second, governance must improve. Transparency, accountability and anti-corruption measures are essential to ensure that resources are used effectively. Public funds spent on repeated tanker contracts could often be better invested in permanent systems. Third, communities must be included in decision-making. Local knowledge and participation can lead to more effective and context-specific solutions, such as rainwater harvesting or decentralised water systems. When people are involved, they are more likely to trust and support water management strategies. Finally, policymakers need to treat water access as a matter of justice, not just logistics. This means recognising water as a basic human right and ensuring that policies prioritise the most vulnerable populations. Nyashadzashe Chiwawa is an academic and researcher at the University of KwaZulu-Natal Reuters

Mbananga said the provincial government had also placed the municipality under administration in an effort to stabilise operations and improve service delivery.

“The province does not directly administer municipal water services but exercises oversight, monitoring and support functions in terms of the constitution and applicable legislation,” he said.

Amathole District Municipality spokesperson Sisa Msiwa denied that Ward 28 had been entirely without water, saying reduced borehole yields had caused intermittent supply.

“The challenge has been one of constrained and intermittent supply caused by reduced borehole yields,” Msiwa said.

“Two of the boreholes serving the area had dropped to a point where they were no longer usable, and the yield from the main borehole was not sufficient to supply all areas.”

She said the municipality had introduced water rationing and installed two additional boreholes in the Nombanjana area.

It was also refurbishing boreholes and pump stations, repairing pipelines and using water tankers when pump failures occurred.

“The Centane Phase 4 water supply project currently under construction is expected to extend supply to Ward 28,” she said.

“ADM acknowledges the seriousness of the water supply challenges experienced in Ward 28 and remains committed to improving service delivery in the affected communities.”

Nombanjana community leader Vuyo Flente said a communal water tank installed in the village only functioned for about a year before it stopped working.

“Since that tank was built and it had one tap, water came out only for a year and never again,” Flente said.

“The lack of water impacts elderly people because it is hard for them to go to the river to get water.”

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