South Africa: High Court declared prepaid water meters illegal and unconstitutional

At the Alternative World Water Forum today we heard Patrick Patra Sindane (picture) from South Africa giving the story on a lawsuit against the local government on the right to water. Citizens and trade unions have worked together.

To understand the story, we must remind you on the background. One of the most celebrated achievements of South Africa's transition to democracy is the Bill of Rights enshrined in the Constitution. The Bill of Rights provides that, "everyone has the right to have access to sufficient water". The privatisation of water violates that constitutional (and human) right in every way imaginable.

Government has been persistent in its recommendation of prepaid water meters. SAMWU Cape Town observes that the ANC announced in 2005 that it would no longer go ahead with these technologies but under the administration of the Democratic Alliance the prepaids were re-introduced in 2006. Certain impoverished working class areas were targeted in what the City of Cape Town claimed at the time was only pilot projects and would be evaluated after 6 months. This evaluation never took place and the installation of prepaid systems has proceeded.

South Africa Municipal Workers Unions (SAMWU) in Cape Town that affirms the union's principled opposition to prepaid water meters. SAMWU in Cape Town is fighting against the imposition and the use of prepaid water meters in poor communities where the DA-led Cape Town municipality has been installing the hated meters since 2006. It is a hand of solidarity extended by organised labour to poor communities that the Coalition hopes other branches of SAMWU, as well as other unions, will emulate. The struggle to scrap prepaid meters, flow restrictors and other devices that tamper with people's access to water is closer to won with greater unity between our sections of the working class.

In its historic judgment handed down on the 30th April 2008, the Johannesburg High Court declared prepaid water meters both illegal and unconstitutional and ordered the City of Johannesburg (CoJ) to provide residents with 50 litres of free water per person/per day .

Despite the judgment being celebrated by poor communities across South Africa and supported by a wide range of domestic and international unions, political parties and non-governmental organisations, Johannesburg Mayor, Amos Masondo - alongside Johannesburg Water and the Department of Water Affairs & Forestry (DWAF) - appealed the judgement. The final jugdement are expected later in March 2009.

Read more: www.apf.org.za

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