This comes as residents enter their third decade without a reliable supply.
Picture: iStock
The Department of Water and Sanitation (DWS) is challenging an Eastern Cape High Court judgment that found all three spheres of government guilty of failing to deliver basic water rights to a rural community, but insists it remains committed to fixing the crisis on the ground.
Government failure over Centane water crisis
The Eastern Cape High Court in Mthatha has delivered a damning indictment of South Africa’s three spheres of government for their failure to provide basic water services to Ward 28 residents in Centane, a crisis the community has endured for more than two decades.
Acting Judge President Zamani Nhlangulela described the breach as “egregious”, finding that authorities had known about the crisis since at least April 2020 but had failed to comply with an interim order granted in October 2024 requiring a minimum of 25 litres of water per person per day.
The court ordered the Minister of Water and Sanitation, Pemmy Majodina, to lead a task team to develop a long-term water plan, with all respondents required to report progress every three months.
Despite the severity of the ruling, the department has signalled it will fight the judgment in a higher court.
“The National Department of Water and Sanitation is considering the judgment, and the preliminary view is that an appeal will be lodged on the issues of law,” department spokesperson Wisane Mavasa confirmed.
However, Mavasa was careful to separate the legal challenge from the department’s commitment on the ground, saying the DWS “still recognises the urgent need to address the community’s water challenges.”
DWS defends legal position
Central to the department’s appeal argument is its interpretation of its constitutional mandate.
Mavasa explained that under the constitution, it is the municipality and not the national department that holds executive authority over potable water supply systems.
“The DWS is only required to intervene in terms of section 63 of the Water Services Act if the province has unjustifiably failed to intervene or has intervened but has failed to do so effectively,” she said.
This was the same legal reasoning advanced in Majodina’s court affidavit, which argued she could not intervene unless the Premier had first “unjustifiably failed” to act, a position the court found unacceptable.
When asked whether the department maintained that stance in light of the ruling, Mavasa confirmed that the DWS stood by its legal reading of the legislation while pursuing the appeal.
“The DWS through the acting provincial head filed an affidavit detailing its position on the matter,” she said, adding that “even though DWS is appealing the judgment on issues of law, it still recognises the urgent need to address the community’s water challenges.”
A technical task team is already in place, but KPIs remain vague
Regarding the ministerial task team ordered by the court, Mavasa indicated that a structure was already operational.
“A technical task team led by Cogta, which includes DWS, has already been established to address the community’s water challenges,” she said.
The DWS, she added, “actively participates and provides support in line with its role to alleviate these challenges.”
The department was less specific, however, when it came to measurable targets and timelines.
“The task team will decide on the KPIs based on Technical Team deliverables submitted by the Amathole District Municipality (ADM) on key timeframes and will work together to assess and manage the projects efficiently and effectively,” Mavasa said.
Millions have been spent, but water remains out of reach for many residents
The department pointed to several projects implemented by the ADM in Ward 28 since 2022 as evidence of ongoing commitment.
These include groundwater source development for identified communities at a cost of R1 565 561, groundwater source evaluation and development for the Takazi-Ncerane village at R3 186 031, and emergency water supply in Ngusi village at R4 631 703.
A fourth phase of the Centane water supply project is also currently under construction and will cover the villages of Kwa Macibe, Khantolo, Kumbokotwana, Gwebindlala, Msikaba and Engcizela.
Over the longer term, the Ngqamakhwe regional bulk water scheme, funded through the Regional Bulk Infrastructure Grant, is intended to serve the communities of Ward 28, with the ADM acting as the implementing agent.
Mavasa confirmed the current approved budget under the Municipal Infrastructure Grant from the Department of Cooperative Governance and Traditional Affairs (Cogta) stands at R91.07 million.
She noted, however, that additional funding is needed, but that “Cogta doesn’t allow the municipality to register new projects until the commitments have reduced significantly.”
Department says it acted as soon as it became aware of the crisis
Questions about why the national government did not act sooner drew a pointed response from the department.
The community’s water problems have been documented since at least 2003, and the court reportedly noted that authorities had been aware since at least April 2020.
The DWS, however, maintains it only became formally aware when legal papers were served in September 2021.
Mavasa said: “As confirmed in paragraph 7 of the judgment, the DWS became aware when the papers were served in September 2021.”
She added that “as soon as the DWS became aware, it approved a business plan under the Water Services Infrastructure Grant in November 2021 for the implementation of the Mnquma Ward 28 drought relief project.”
The DWS also engaged the ADM on additional support and, through its drought support programme, supplied water storage tanks to the municipality, some of which were allocated specifically to Ward 28.
Mavasa described these as “the immediate interventions to address the community’s water challenges,” while noting that “the technical task team [is] ensuring that long-term interventions through other project initiatives materialise to further address the community’s water challenges.”
For the communities of Nombanjana and Nxaxo, who are among those directly affected by the water crisis, the department offered a broad commitment to communication rather than a structured consultation process.
Mavasa said the ADM and the task team “will from time to time engage communities to inform them of progress made on its project initiatives.”
