PRETORIA, Gauteng — The South African Human Rights Commission (SAHRC) is finalising its investigation into severe human rights violations linked to the Tshwane water crisis, after more than 400 residents fell ill from consuming contaminated drinking water.
The Commission is currently wrapping up its report and engaging with both the City of Tshwane and the Department of Water and Sanitation to secure redress for the heavily impacted communities.
Khululiwe Sithole, Senior Provincial Legal Officer at the SAHRC, confirmed that the investigation was triggered by numerous complaints received from residents in Ekangala and Bronkhorstspruit towards the end of last year. The communities reported severe issues with water quality, specifically noting that raw sewerage was feeding directly into the river at the abstraction point of the local wastewater treatment plant.
According to Sithole, the City of Tshwane acknowledged during initial engagements that the water quality issues had been an ongoing problem since 2019.
The core of the human rights violation hinges on the municipality’s alleged failure to transparently communicate the danger to the public. Sithole emphasized that while the City has a legal obligation to provide safe water, it also holds a critical duty to inform residents when their drinking water is hazardous.
Following an inspection of the Bronkhorstspruit wastewater treatment plant, the SAHRC identified issues with the abstraction point and the raw water output. Although the City informed the Commission that the plant was slated for upgrades, the human rights body strongly emphasized the need for immediate public disclosure.
“What they informed us is that the plant is going to be undergoing upgrades, but there was an emphasis from the Human Rights Commission for the City to discharge its duty to inform the communities of the risk of the water and what that entails,” Sithole explained.
The Commission subsequently requested a formal community engagement, which the City held on February 27 this year, to communicate the risks and outline their remediation plans. However, Sithole noted that continuous engagement was necessary, especially after the City realized it was facing supply chain issues with the chlorine required to treat the water.
The delayed warnings have had devastating consequences. The crisis has not only compromised the right to water but has severely impacted the rights to health and life. Sithole highlighted the profound anger and frustration within the communities, noting that children have been the most affected by the contaminated water, with some tragic fatalities reported among the youth.
When questioned about holding specific individuals accountable for the crisis, Sithole clarified the legal limitations of the Commission’s powers. Earlier this year, the Constitutional Court ruled that the SAHRC’s findings and recommendations are not legally binding.
While the SAHRC will issue formal recommendations on how to expedite the plant’s repairs and prevent future occurrences, the direct mandate to issue compliance warnings, enforce norms, and pursue criminal charges against individuals falls to the Department of Water and Sanitation. This division of responsibilities was a key focus during the Commission’s broader water inquiry in April.
Despite the binding limitations, Sithole remains optimistic about the legal avenues available to the victims. She noted that the extensive investigations, including the findings from the April water inquiry, will serve as a robust evidentiary basis. The SAHRC intends to use this evidence to litigate and go to court to secure tangible redress for the affected communities.
