PRETORIA, Gauteng — The escalating Tshwane water crisis has taken a decisive legal turn as the EFF officially lays criminal charges against Mayor Dr. Nasiphi Moya and City Manager Johann Mettler. The political and legal fallout stems directly from the severe Bronkhorstspruit water contamination and illness outbreak, highlighting deep systemic failures in municipal service delivery and constitutional accountability.
The criminal charges were lodged at the Bronkhorstspruit police station under the National Water Act and the Water Services Act. The city has admitted to negligence regarding its failure to chlorinate the water supply for approximately three weeks. This critical lapse occurred following a dispute with a supplier over increased prices, exposing the municipality’s heavy reliance on private contractors for basic service delivery.
Surging Illness and Institutional Escalation
The consequences of the chlorination failure have been severe. Reported cases of waterborne illness in the area have skyrocketed from approximately 100 to more than 400. Local health facilities are currently overwhelmed, with children under the age of four fighting for their lives in various hospitals.
In response, EFF Tshwane mayoral candidate Omphile Maotwe announced that the party is escalating its actions beyond the police. The EFF plans to approach the Public Protector—meeting with the CEO at Advocate Galga’s office—and the South African Human Rights Commission. Maotwe emphasized that Section 27 of the Constitution guarantees the right to water and life, arguing that citizens cannot stand by while these rights are denied by those in power.
Coalition Tensions and Accusations of Hypocrisy
The EFF’s aggressive stance has drawn criticism from coalition partners, with ActionSA accusing the party of hypocrisy. Critics point out that the EFF is part of the Tshwane executive, holding two Mayoral Committee (MMC) portfolios, including the crucial health portfolio.
Defending the party’s position, Maotwe argued that the EFF holds only two out of ten MMC positions and is allocated a fraction of the city’s R55 billion budget. The EFF’s MMC for Environment, Water, and Agricultural Management, Obakeng Ramabodu, operates with a R2.1 billion budget (roughly 5% of the total), while the health portfolio receives just over R600 million. Maotwe insisted that despite these financial constraints, the EFF MMCs have excelled, securing awards for ideal clinic status and city cleanliness.
Furthermore, Maotwe clarified the jurisdictional limits regarding the Bronkhorstspruit outbreak. He noted that Bronkhorstspruit does not have a city-owned clinic; the facility treating the outbreak is managed by the provincial government. Tshwane operates 24 city-owned clinics and one mobile clinic, none of which are located in Bronkhorstspruit. Therefore, he argued, the root of the crisis lies in water provision, not the city’s health MMC.
Leadership Failures and Calls for Resignation
The crisis has also sparked a fierce debate over executive accountability. Mayor Dr. Nasiphi Moya has claimed she was not alerted by water and sanitation officials about the chlorine shortage until the crisis broke around October 7 and 8. Maotwe dismissed this defense, pointing out that the mayoral committee has not met in three weeks. He argued that if officials can hide a crisis of this magnitude from the mayor, she is not in charge and should resign.
Drawing parallels to the tragic Hammanskraal water crisis where lives were lost without accountability, Maotwe insisted that the current leadership must be held responsible before more lives are lost.
Election Context and the Push for Insourcing
With municipal elections approaching on November 4, political observers have questioned whether the EFF’s actions are a form of electioneering, especially since the party continues to serve in the coalition executive. When pressed on why EFF MMCs do not resign in protest, Maotwe refused, stating that the Mayor and the ANC/DA-led portfolios should bear the blame for the crisis.
The interview also highlighted the dangers of the city’s tender system and reliance on water tankering. Maotwe reiterated the EFF’s long-standing demand for the insourcing of basic services, arguing that the municipality must build state capacity to provide water directly to households via pipes rather than depending on private contractors and water tankers.
