The eThekwini municipality has been found guilty of making misleading claims in a public service announcement advertised on radio, and has been instructed to amend the announcement that the reason for its 12-month curtailment of water supplies to the city is purely due to overly high consumption and population growth.
A consumer laid a formal complaint against the announcement with the Advertising Regulatory Board (ARB) after hearing the broadcast on East Coast Radio.
The radio commercial states: “Dear residents. The demand for water in eThekwini significantly outpaces supply. This is due to high consumption levels and population growth. To mitigate the risk of draining dams, which could result in a drought, the national department of water and sanitation, together with uMngeni-uThukela water, our bulk water supplier, will curtail its water supply to the city for the next 12 months. This will be done to avert the risk of depleting water sources. Residents and businesses are urged to reduce their water consumption and always exercise responsible water use. Use water sparingly to ensure there will be water tomorrow.”
The complainant submitted that the real reason for the institution of water curtailment is water wastage due to leakages in the system. He said as much as 56% of water supplied is lost to leakages caused by poorly maintained infrastructure, which is why the national department of water and sanitation introduced mandatory water supply curtailment.
While population growth and high consumption are clearly contributory factors, they do not appear to be the only factors at play, as suggested in the radio commercial
— Advertising Regulatory Board
The eThekwini municipality was informed of the complaint and given an opportunity to respond, but opted not to. Several efforts were made to contact the authority, but no replies were received.
“The directorate therefore has no alternative but to rule on the matter based on the information provided by the complainant,” the regulator explained in its final ruling on the matter.
In applying the Code of Advertising Practice, the ARB considered the broadcast announcement in terms of the rules regarding misleading claims, and that “advertising should not mislead by means of ambiguity, deception, omission or any other means”.
The ARB noted that while “a public service announcement encouraging wise water behaviour is usually to be welcomed, the public service nature of the advertisement does not mean it should not be factual”.
The advert claims the demand for water in eThekwini was outstripping supply due to high consumption levels and high population growth. No other causes were given.
The ARB researched water supply issues in eThekwini and found the SA Human Rights Commission (SAHRC) had stated the failure by the eThekwini municipality to provide adequate running water “amounts to a violation of human rights” and “the challenges outlined by municipalities and water services authorities reflect poor planning and management of resources, particularly with regards to nonrevenue water and maintenance of infrastructure”.
It noted the department of water and sanitation, eThekwini municipality and uMngeni-uThukela water board had previously issued a joint statement giving reasons for the high demand, including leaks in the municipality’s water distribution systems, theft of steel infrastructure and illegal water connections.
There was also the acknowledgement that “nonrevenue” water – water that is supplied but never reaches the paying customer – had increased from 37% in 2013 to 58% in 2023.
A “water security dashboard” document published by the department of water and sanitation last month stated underinvestment in municipal infrastructure was resulting in declining services. There was no reserve supply capacity, with load-shedding, theft and vandalism all increasing the problem and leading to excessive losses.
All this, the ARB found, meant the shortage of water was a multifaceted issue that “is unlikely to be attributed to only one or two factors”.
“While population growth and high consumption are clearly contributory factors, they do not appear to be the only factors at play, as suggested in the radio commercial,” the regulator said.
“The question therefore becomes whether the advertiser is creating a misleading impression by failing to attribute at least some of the blame to its own inefficiencies, and lack of planning and investment.”
The ARB found “the causality communicated in the radio commercial does not paint a complete picture, and arguably omits certain realities” and found “the communication as a whole is misleading”.
“Given the apparent obfuscation of all factors that contributed to the water shortages, the commercial, in its current format, is misleading and in breach of the advertising code.”
The complaint was upheld and the eThekwini municipality was instructed to amend its claims. Broadcasters were asked not to accept advertising where the sole cause for water shortages in the eThekwini area are said to be rapid population growth and excessive consumption by residents.
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