The DA today (July 10) filed a founding affidavit in the Pietermaritzburg High Court, seeking an order compelling uThukela District Municipality and relevant provincial and national authorities to restore residents’ constitutional right to sufficient water.

This comes after residents throughout the district submitted supporting affidavits.

The application, announced by DA uThukela chairperson Cllr Thys Janse van Rensburg, argues that years of governance failures have left thousands of residents without reliable access to potable water.

Allegations of governance failures

According to the DA, the affidavit highlights years of financial mismanagement and poor leadership, including the municipality’s alleged failure to provide the minimum 25 litres of potable water per person per day, as required by law.

The party also cites R1.314 billion in unauthorised, irregular, fruitless and wasteful expenditure; nine consecutive disclaimed audit opinions; and the RASP Consultants dispute, which it says resulted in frozen municipal bank accounts, salary disruptions and an additional R31 million in interest.

The DA further claims that repeated warnings from the South African Human Rights Commission, Blue and Green Drop reports, and forensic investigations were ignored.

Relief sought

The DA is asking the court to declare that uThukela has breached residents’ constitutional rights and to place the municipality under administration in terms of Section 139 of the Constitution. It is also seeking ongoing court supervision to ensure compliance with any court order.

The party thanked residents who submitted supporting affidavits, saying that their evidence would strengthen the case as it proceeds through the courts.

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