Human Rights Day is a solemn reminder each year of the sacrifices made in the pursuit of fundamental freedoms and dignity. The day commemorates the Sharpeville Massacre of 1960, a tragic event that solidified South Africa’s commitment to upholding human rights.
This year, on the 65th anniversary, my party has decided to mark the occasion by championing a critical but often neglected socioeconomic right — the right to sufficient water. For millions of South Africans, this right remains intangible and unachievable as the country faces a deepening water crisis.
From Johannesburg to rural communities in Limpopo and the Eastern Cape, water shortages and supply interruptions have become the norm — not due to natural scarcity, but as a direct result of government mismanagement, corruption and infrastructural decay.
Reports indicate that even the Constitutional Court, which is tasked with upholding the rights of South Africans, has experienced water disruptions. Schools and hospitals — essential public institutions — have been forced to operate without a steady water supply, posing grave risks to public health and education.
In response, Build One South Africa (Bosa) has this week announced a water litigation initiative — aimed at compelling the government to fulfil its constitutional obligation to provide sufficient water. As the crisis worsens, litigation has become a necessary tool to force accountability and demand urgent action.
South Africa’s constitution provides a solid legal foundation for Bosa’s case. It states that “everyone has the right to have access to sufficient food and water”, and places an obligation on the state to take reasonable measures to progressively realise this right within its available resources.
Despite this, many municipalities have failed to maintain water infrastructure, repair leaks or ensure equitable distribution. The consequences have been catastrophic — entire towns without water, hospitals forced to delay surgeries and pupils unable to attend school.
One of the most alarming developments is the introduction of “water-shedding” — planned water cuts akin to load-shedding but with more dire consequences. Bosa’s litigation will argue that water-shedding is unconstitutional, particularly when it affects essential institutions.
The legal case will assert that cutting off water supply to hospitals and schools directly threatens life, health and education — rights that the government is constitutionally bound to protect.
Further, that the government has ignored viable alternatives — such as better water management, infrastructure investment and financial oversight — making water-shedding an unjustifiable and unlawful policy.
Bosa will seek an interdict preventing water-shedding in critical institutions, and a court order compelling municipalities and the department of water & sanitation to implement immediate remedial measures. There is a precedent: Our successful case to interdict load-shedding at schools, hospitals and police stations.
We must move beyond rhetoric and take decisive action. Bosa’s water litigation initiative is a crucial step in the fight for dignity, justice and sustainable solutions to one of the country’s most pressing challenges
Beyond water-shedding, our legal case will demand the government take urgent steps to ensure a consistent water supply across all affected areas. Failure to do so violates multiple constitutional rights, including the right to health care, education and dignity, and children’s rights.
The state’s inaction constitutes a breach of these constitutional protections, warranting immediate judicial intervention. While immediate relief is necessary, our litigation will also seek long-term solutions to prevent future crises. Key structural remedies include:
- Judicial oversight: We will request the appointment of an independent water crisis monitor to oversee municipalities and report directly to the courts on progress in water restoration efforts.
- Infrastructure rehabilitation: A legal directive requiring the government to allocate funds to repair and upgrade water infrastructure, ensuring sustainable water supply.
- Accountability measures: Holding municipalities and government officials personally liable for failures in water management, reducing the risk of further corruption and mismanagement.
Bosa’s decision to pursue legal action underscores a growing frustration with a government that has failed to deliver on its constitutional obligations. While parliamentary oversight and community activism remain crucial, these mechanisms have been met with bureaucratic delays and political resistance.
Litigation provides a direct path to compelling the government to act, and sets a legal precedent for future accountability.
The water crisis is not just about infrastructure — it is about governance, ethics and the state’s fundamental duty to protect its people. By taking this fight to the courts, Bosa is reaffirming its commitment to constitutional governance, transparency and the protection of basic human rights.
The success of this legal battle will require widespread support. I wish to appeal to legal professionals, civil society organisations and affected communities to join us in holding the government accountable. Water is a right, not a luxury — and together we can ensure every South African has access to clean, safe and reliable water.
We must move beyond rhetoric and take decisive action. Bosa’s water litigation initiative is a crucial step in the fight for dignity, justice and sustainable solutions to one of the country’s most pressing challenges.
• Mmusi Maimane is an MP and leader of Bosa
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