The Right to Safe Drinking Water: Can Residents Hold Municipalities Legally Accountable?

Access to safe drinking water is essential for human health, dignity and everyday life. When residents turn on their taps, they should be able to rely on the water supply being managed in accordance with applicable health and safety standards.

However, communities across South Africa continue to experience water shortages, contaminated supplies, sewage pollution and interruptions to essential water services. These problems can affect households, schools, businesses and healthcare facilities, leaving residents uncertain about where to turn when the municipality fails to address the situation.

But what legal rights do residents have when their water supply is unsafe or unavailable? Can a municipality be held accountable for failing to provide safe drinking water?

South African law provides several mechanisms through which residents can challenge failures in water service delivery and seek appropriate legal remedies.

Does Everyone Have a Right to Safe Drinking Water?

The Constitution of the Republic of South Africa, 1996, recognises the right of everyone to have access to sufficient water.

Section 27(1)(b) protects this right, while section 27(2) requires the state to take reasonable legislative and other measures, within its available resources, to progressively realise it.

Section 24 also protects everyone’s right to an environment that is not harmful to their health or well-being.

These constitutional provisions are important because access to water is not simply a municipal service. It is connected to fundamental rights, including health, dignity and the ability to live in a safe environment.

However, the constitutional right does not mean that every person can demand an unlimited supply of water immediately. The state must take reasonable measures towards progressively realising access to sufficient water.

The quality of the water also matters. A supply that is available but unsafe to drink may still raise serious legal and public health concerns.

What Are Municipalities Legally Required to Do?

The Water Services Act 108 of 1997 provides the legislative framework for water services in South Africa.

Section 3 recognises everyone’s right of access to basic water supply and basic sanitation. It also requires water services institutions to take reasonable measures to realise these rights.

Section 11 places responsibilities on water services authorities to progressively ensure access to water services for consumers and potential consumers in their areas of jurisdiction.

Municipalities designated as water services authorities therefore have important responsibilities relating to the availability, management and delivery of water services.

Depending on the circumstances, these responsibilities may include:

* Ensuring that residents have access to basic water supply.

* Monitoring the quality of drinking water.

* Taking reasonable steps to address contamination and water supply failures.

* Informing affected communities when water may pose a health risk.

* Maintaining water infrastructure and addressing service delivery problems.

* Complying with applicable national water quality standards.

A municipality cannot simply ignore a known problem that threatens the health and safety of its residents.

What Happens When Municipal Water Is Contaminated?

Water contamination can occur for several reasons, including sewage leaks, damaged infrastructure, industrial pollution, poor treatment processes and inadequate maintenance.

When drinking water becomes contaminated, residents may be exposed to harmful microorganisms or chemical substances.

The consequences can include gastrointestinal illnesses, skin problems and other health complications, depending on the contaminant and level of exposure.

The municipality or relevant water services provider may need to investigate the problem, identify the source of contamination and take appropriate corrective measures.

The Compulsory National Water and Sanitation Services Standards, 2025, establish requirements relating to water and sanitation service delivery. These standards are relevant when assessing whether the applicable requirements for drinking water quality and service management have been met.

Residents should also be informed about relevant health risks and precautions. Where a warning is necessary, the information should be clear and reach the affected community.

Importantly, boiling water does not remove every type of contaminant. Chemical pollutants, for example, may remain in the water after boiling. Residents should follow the specific instructions issued by the responsible authorities.

Can Residents Take Legal Action Against a Municipality?

Yes. Where a municipality fails to meet its constitutional or statutory obligations, affected residents may approach the courts for appropriate relief.

The type of legal action will depend on the nature of the failure.

For example, residents may seek:

An order compelling the provision of water: Where a municipality fails to provide basic water supply, residents may ask a court to require it to take steps to meet its legal obligations.

An order addressing unsafe water: Where the supply is contaminated, residents may seek appropriate orders requiring the responsible authority to investigate, address the problem and comply with applicable standards.

A declaration of constitutional or statutory infringement: A court may be asked to declare that the municipality has failed to comply with its legal duties.

A structural interdict: In appropriate cases, a court may require the municipality to prepare an action plan, report on progress and provide updates to the court to ensure that the problem is addressed.

These remedies can be particularly important where a community has experienced repeated service failures and ordinary complaints have not resulted in meaningful action.

Can Residents Claim Financial Compensation?

Residents may also consider a damages claim where municipal failures have caused legally recognised harm.

For example, if a municipality negligently fails to address a known contamination problem and residents suffer illness as a result, affected individuals may investigate whether they have grounds for a delictual claim.

However, compensation is not automatic simply because water services were inadequate or a constitutional right was infringed.

A claimant generally needs to establish the relevant elements of delict, including:

* Wrongfulness: The municipality’s conduct or failure to act must be legally wrongful.

* Fault: Negligence or another recognised form of fault must be established where required.

* Causation: There must be a legally sufficient connection between the municipal failure and the harm suffered.

* Damage: The claimant must prove actual loss or legally recognised harm.

Evidence may include medical reports, water quality test results, photographs, municipal correspondence, expert assessments and proof of financial losses.

It is also important to distinguish between a claim for compensation and an application to enforce constitutional rights. A court may order a municipality to correct a service delivery failure without awarding individual residents damages.

What Happens When the Municipality Does Not Respond to Complaints?

Residents often report water problems through municipal call centres, ward councillors or other official channels. However, complaints may remain unresolved, particularly where the problem affects an entire neighbourhood.

The Water Services Act also recognises monitoring and intervention responsibilities at national and provincial government level.

Section 62 provides for monitoring of water services institutions by the Minister and relevant provincial authorities. Section 63 provides for intervention where a water services institution has not effectively performed its functions.

Section 139 of the Constitution also allows provincial government to intervene in municipal affairs under specified circumstances where a municipality cannot or does not fulfil an executive obligation.

This means that municipal accountability does not end with submitting a complaint. Where serious failures persist, residents may consider escalating the matter to the Department of Water and Sanitation, the relevant provincial government or other appropriate oversight institutions.

A Recent Court Judgment on the Right to Water

In Khetshemiya and Others v Minister of Water and Sanitation and Others [2026] ZAECMHC 28, delivered on 15 May 2026, the Eastern Cape High Court considered a case involving residents of Ward 28 who had experienced a lack of basic water supply for approximately eight years.

The applicants challenged the failure of the responsible municipality to provide basic water services, as well as the failure of other government authorities to fulfil their monitoring and intervention responsibilities.

The court found that the residents’ constitutional right of access to sufficient water had been infringed. It also found breaches of obligations under the Water Services Act.

The court granted relief requiring the relevant respondents to provide access to basic water supply and imposed further accountability measures.

This judgment is significant because it demonstrates that residents can approach the courts when prolonged failures in water service delivery infringe their constitutional and statutory rights.

It also illustrates that responsibility may extend beyond the municipality where other government authorities fail to fulfil their legal monitoring and intervention duties.

The case did not establish that every water shortage automatically entitles residents to compensation. Instead, it demonstrates how courts can intervene to enforce the right of access to water.

What Should Residents Do When Their Water Supply Is Unsafe?

Residents who experience contaminated water, prolonged shortages or repeated water service failures should take steps to document the problem and report it through the appropriate channels.

Practical steps include:

1. Report the problem: Contact the municipality or relevant water services authority and request that the matter be investigated.

2. Keep complaint records: Save reference numbers, emails, letters and other communication with municipal officials.

3. Document the water problem: Take photographs or videos of discoloured water, sewage leaks, damaged pipes or other visible concerns.

4. Request water quality information: Ask whether water testing has been conducted and request relevant results where available.

5. Seek medical attention: Residents who become ill after possible exposure should consult a healthcare professional and retain medical records.

6. Escalate unresolved complaints: Consider approaching the Department of Water and Sanitation, relevant provincial authorities or the South African Human Rights Commission, depending on the nature of the complaint.

7. Obtain legal advice: An attorney can assess whether the municipality has breached its legal obligations and advise on appropriate remedies.

Communities experiencing widespread problems may also consider acting together through appropriate representative legal proceedings, where the requirements for such proceedings are met.

Conclusion

Access to safe drinking water is closely connected to constitutional rights and the responsibilities of public authorities. Municipalities designated as water services authorities have important duties to provide and manage water services in accordance with applicable legislation and standards.

Where these responsibilities are neglected, residents are not without legal options. They may seek court orders requiring the municipality to fulfil its obligations, challenge ongoing failures or, where the necessary legal requirements are established, pursue compensation for harm suffered.

The important point is that communities should not have to accept prolonged water service failures without seeking answers and accountability.

At Ndou Attorneys, we recognise the importance of protecting the rights of communities affected by unsafe water and inadequate municipal services. If your household or community has been affected by a water supply failure, obtaining legal advice can help you understand the available remedies.