Constitutional Law

Right to Water

Section 27 of the Constitution gives everyone the right of access to sufficient water. The state must take measures to progressively realise this right and may not cut off a household's basic water supply.

Legal Definition

Section 27(1)(b) gives everyone the right to have access to sufficient water. The Water Services Act 108 of 1997 implements this right. The Mazibuko case confirmed that six kilolitres per household per month is an interim free basic water standard. Supply cannot be terminated without notice and a fair procedure.

📖 Constitutional / Statutory Basis: Section 27, Constitution of the Republic of South Africa, 1996; Water Services Act 108 of 1997

Practical Example

A municipality cuts water supply to a township without notice due to budget shortfalls. Residents can challenge this in court — the state must provide basic water and cannot arbitrarily terminate supply.

Frequently Asked Questions

How much water am I entitled to for free?

The government policy is six kilolitres per household per month free. This is a policy obligation; the constitutional minimum may be higher for specific needs.

Can a municipality cut my water for non-payment?

Only after proper notice, a fair process, and ensuring you have access to a basic minimum supply. Complete termination without due process may be unlawful.

Is there a right to sanitation?

The Constitutional Court has confirmed that sanitation is implied in the right to water and human dignity under ss27 and 10.

Related Terms

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