On December 14, 2021, Masifundise, the Centre for Environmental Rights and the water- stressed community of Centane, in Ward 28 of the Mnquma Local Municipality, again returned to court to hear the outcomes of their urgent application that was filed on September 6, 2021, regarding the rural community’s desperate water needs.
In this urgent court application, the respondents are the Minister of Water and Sanitation, Senzo Mchunu, the Minister of Cooperative Government and Traditional Affairs (COGTA), Dr Nkosazana Dlamini-Zuma, the Premier of the Eastern Cape, Oscar Mabuyane, the Amathole District Municipality, the Amatole Water Board and Rand Water were all under a previous High Court order to provide immediate plans on their steps to provide potable water to residents of this municipality.
In the latest hearing, the judge noted that COGTA and the premier of the Eastern Cape had failed to provide the court ordered affidavits and their legal representatives had failed to appear at the court hearing.
The court also noted that affidavits provided by the Amathole District Municipality, on November 26, 2021, did not fully encapsulate the water needs of Centane and the required steps towards water delivery have not been adequate.
Consequently, Judge Nhlangulela ordered the appointment of an independent engineer to assess and evaluate the measures thus far implemented by the Amathole District Municipality.
“We are satisfied with the court order given by the judge. This will force government to be truthful and accountable to us and the courts.
“We are happy that we are one step closer to getting the water that we need,” said the first applicant, Lulamile Khetshemiya.
“Although we are pleased with the outcomes of today’s proceedings, we are concerned by the manner in which the premier of the Eastern Cape and COGTA have ignored previous court orders. Their failure to file the appropriate affidavits shows a political unwillingness on their part. Their inaction is delaying our water delivery and rendering the community of Centane more vulnerable each day,” added Harvey Ntshoko, a local leader from Nombanjana.
“We, at Masifundise, implore the government to make a real commitment to rural communities needing water,” said Naseegh Jaffer, director of Masifundise.
“We further urge the government to prioritise this action as well as strengthen their water governance measures in rural communities.
The case was postponed to January 19.
