28 April 2022 | Story Opinion piece by Kgotlelelo Motene, Danisha Witbooi, and Andani Mani
Kgotlelelo Motene, Danisha Witbooi
Kgotlelelo Motene, Danisha Witbooi, and Andani Mani (not in the picture) – Candidate Attorneys from the Free State Centre for Human Rights at the University of the Free State – put the spotlight on the water crisis in Gariep under the Xhariep District Municipality.

The inhabitants of the Gariep and nearby Bethulie are living the classic case of dryness in the midst of plenty. The Gariep Dam is the largest dam in South Africa and remains a national heritage site that prides itself on being the largest water storage facility in the Southern Hemisphere and the second largest in Africa.

The dam was built to supply water to the Free State, Eastern Cape, and Northern Cape. It is also the perfect location for water sports enthusiasts, wildlife and game viewing, with numerous accommodation opportunities.  Notwithstanding this great position, it seems that the presence of the Gariep Dam in the area does not mean much for the constitutional right to sufficient water and sanitation for the people who have been living with very erratic water supply for several years now.

The challenge with the water supply in these areas is not primarily due to drought or climate change issues, but largely relates to poor governance and accountability on the part of the Xhariep District Municipality. The right to sufficient water provided for in terms of section 27 (1) (b) read with section 153 (a) of the Constitution of the Republic of South Africa, places the obligation on the municipality to prioritise the basic needs of the community – in this instance, sufficient water and sanitation as well as the promotion of socio-economic development of the community.

Unfortunately, there have been restrictions on water supply in the Gariep and surrounding areas such as Bethulie, resulting in the people agitating for the opportunity to manage their basic services without the municipality. This arose due to the failure of the Xhariep District Municipality to adequately pay for the bulk water supply services; hence the people are left to bear the greater burden of this poor governance in providing basic necessities, apart from the adverse effect on lives and businesses.

South Africa is a water-scarce country, ranking as the world’s 30th driest country, with the World Wide Fund for Nature estimating that 98% of the country’s water resources have been depleted. In other words, the country functions with a mere 2% of active water supply, hence the urgent need to address the man-made factor of poor governance and accountability in the provision of water in the area. Undoubtedly, the scarcity of this resource directly impacts people’s everyday lives and constitutes a serious health risk to both people and the environment. The Water Services Act and the National Water Act give effect to the constitutional right to sufficient water, which is equally recognised in international human rights law to ensure healthy living standards and the well-being of any society.

For the people of Gariep and surrounding areas, the water troubles began roughly five years ago and have progressively worsened over time. Since 27 September 2021, one owner had no choice but to close her guesthouse because she no longer had running water. Other guesthouse owners stated that in order to accommodate customers, they had to install tanks and drill to access groundwater. There is also the problem of sewage overflowing, which requires community members to flush the channel with dam water to eliminate the odour it causes.

For years, sewage flow has been an issue, and the evidence is visible for everyone to see. It is disheartening to note that the bulk water supplier is restricting water supply to the residents due to the money that the municipality owes.

As a solution, the Ratepayers Association wants to take over the administration and maintenance of Gariep Dam’s water and sanitation facilities. Residents have zero trust in the municipality’s ability to deliver services now or in the future. Alternatively, they desire the ability to trade directly with Bloem Water, who are the bulk water supplier.

The municipality has failed miserably in providing basic water and sanitation services, and it has become the duty of the community association to fulfil the role of the municipality, hence it (the Ratepayers Association) has maintained the facilities for the past five years. Maintaining the facilities has been difficult for the association’s members, because any repairs require the municipality’s permission.

On several levels, there is a huge challenge in protecting and fulfilling the right to sufficient water for the people as enshrined in the constitution. It is in the best interest of all stakeholders to work strategically to provide basic water and sanitation services to the people, who in turn, will boost the economy of the area. There needs to be accountability and responsiveness, which requires that the larger community participate or collaborate with the municipality in decision making.

The current state of affairs threatens fundamental human rights; therefore, there must be a concerted effort to protect, promote, and fulfil the rights of the people. Unfortunately, it is not only in the Gariep that the people are suffering from a lack of basic water and sanitation service delivery; it is noted in most communities across the country. Clearly, at this rate, South Africa may not achieve any of the targets of Goal 6 (clean water and sanitation) of the Sustainable Development Goals Agenda 2030.



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