Water for Blyvoor residents
Court battle victory for the community
After five years of fighting for access to water, a basic human right, residents of Blyvooruitzicht mine village, southwest of Johannesburg, have been given a lifeline.
On Friday, the Constitutional Court dismissed an application to appeal an order of the high court brought by Rand Water challenging their decision to cut water to more than 6 000 residents.
The high court had ruled that Rand Water and the Merafong municipality could not cut water supply to the community which had previously been paid for by the mining company.
The community is made of former workers at Blyvooruitzicht mine which shut down as result of diminishing returns on investment.
Pule Molefe and the residents through the Lawyers for Human Rights, had brought a court application against the Merafong municipality, Rand Water, the minister of water and sanitation.
Following Friday’s ruling, Molefe said: “Access to water is fundamental in our lives. As a human being, you cannot live without water, and the Constitutional Court has restored our hope and our sense of dignity.”
Lawyers for Human Rights’ Michael Clements said the decision was good for communities in similar situations.
“This outcome represents an important step in recognising the right of mine-hosting communities to survival, even after the closure of major mining operations in their area,” he said.
According to papers filed in the high court, the community was deprived of water after a lower court had ruled that the municipality should provide water at 60% capacity.
In papers filed to the high court, the residents said the ration was not enough.
Abrupt closures of mines, which have provided jobs to locals and wealth for the country, have increased as commodity prices continue to fall.