Access to sufficient water is recognised as a fundamental human right in South Africa. This right is justiciable, meaning it can be vindicated in a court of law. The water supply chain includes several role players such as water services authorities (WSA), which are tasked by the Water Services Act with water provision at a local level.
However, many WSAs are grappling with the severe challenge of water infrastructure that is dilapidated and old. It is estimated that about R89.9bn is required in the next decade to deal with crumbling water infrastructure and backlogs.
Some WSAs are in extensive arrears with water boards. For instance, Matjhabeng Local Municipality in Free State owes Vaal Central Water about R7bn. It is estimated that WSAs cumulatively owe water boards about R24.81bn. When WSAs are in arrears water boards usually throttle water supply. As a result, households in high-lying areas struggle to access water due to the low pressure.
In the Kopanong Local Municipality in Free State due to the debt of about R900m, Vaal Central Water has restricted water supply to about 30%. Those bearing the brunt are households in high-lying areas.
The phenomenon of water mafias
Amid this context, water tankering has arisen. Water tankering is typically the supply of water through trucks (tankers) ferrying water.Water tankering is essential as a measure of water provision in emergency instances since access to water is a fundamental human right. However, emerging research and evidence seem to suggest that the system has been open to abuse. There is also the emergence of what has been called “water tanker or water mafias”.
This deliberate sabotage and vandalism of water infrastructure not only disrupts the water supply but comes at a huge cost to the fiscus
The South African Human Rights Commission has partnered with the University of Witwatersrand on the South Africa Water Justice Tracker Project, which seeks to identify the key factors inhibiting WSAs from effectively carrying out their role of water provision. As part of this project, we have thus far engaged with officials of WSAs in seven provinces — about 96 WSAs out of the 144 WSAs. In all the engagements, the existence of water tanker mafias or water mafias in one form or another has been acknowledged.
Though the modus operandi of these water mafias vary, the common objective is the deliberate sabotage of water infrastructure for the purpose of profiteering. It is alleged that it usually involves the direct vandalisation of water pumps or water valves, with the objective of a self-created water supply crisis. These water mafias then step in, and their services are enlisted to provide water supply through tankering. What is also alleged is that these so-called water mafias are sometimes in cahoots with municipal officials. This deliberate sabotage and vandalism of water infrastructure not only disrupts the water supply but comes at a huge cost to the fiscus. Considering this phenomenon, is it not time that this act or conduct be called out for what it is — an act of terrorism?
Invoke terrorism legislation to deal with water infrastructure saboteurs
The Protection of Constitutional Democracy against Terrorist and Related Activities Amendment Act (Pocdatara) provides an expanded definition of “terrorist activity”. Pocdatara provides that a terrorist activity includes any act committed in or outside the Republic which is designed or calculated to cause serious interference with or serious disruption of an essential service, facility or system, or the delivery of any such service, facility or system, whether public or private, including but not limited to an essential or critical infrastructure, information infrastructure or a critical infrastructure complex.
It is undisputed that water provision is an essential service since water is the lifeblood of human existence. Therefore, in our view the deliberate sabotage of water infrastructure for the purposes of causing serious water disruption should be defined as a terrorist activity in terms of the Pocdatara and criminal charges be preferred in terms of that legislation.
Water infrastructure is a critical infrastructure
Also, water infrastructure, such as water treatment works, pumps and reservoirs constitute critical infrastructure and, in our view, qualifies to be classified as critical infrastructure in terms of the Critical Infrastructure Protection Act (CIPA). One criterion for infrastructure to qualify as critical infrastructure in terms of CIPA is that it must be of significant economic, public, social or strategic importance. It cannot be disputed that water-related infrastructure plays a significant public and economic duty and its disruption or immobilisation has the potential to prejudice stability and undermine the health or safety of the public in South Africa.
Water is essential and crucial to leading a dignified life. The words echoed by justice Kate O’Regan 15 years ago in the Mazibuko case ring true even today. Justice O’Regan stated: “Water is life. Without it, nothing organic grows. Human beings need water to drink, to cook, to wash and to grow our food. Without it, we will die.”
South Africa is ranked among 25 countries that are extremely water stressed, water scarce and is ranked among the top driest countries in the world. Water is a scarce yet precious resource, in the absence of which we cannot survive. Therefore, water saboteurs who sacrifice the right of everyone’s access to water at the altar of profit making must be brought to book and dealt with harshly in terms of Pocdatara.
• Dr Henk Boshoff is a commissioner responsible for water and sanitation at the South African Human Rights Commission, and Peacemore Mhodi is a research adviser at the South African Human Rights Commission
For opinion and analysis consideration, e-mail Opinions@timeslive.co.za
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