OPINION | A thirst for justice: Toboyi villages fight for water rights amid systemic inequality | News24 (2024)

OPINION | A thirst for justice: Toboyi villages fight for water rights amid systemic inequality | News24 (1)

Residents of Toboyi intend to approach the Eastern Cape High Court this year in the hopes that access to potable water will become a part of their lived reality. (iStock)

More than 1 000 residents in an Eastern Cape town remain without water 30 years into democracy. They plan to approach the Eastern Cape High Court later this year, writeTsireletso Mokoaqo and Thuli Zulu.

Almost 30 years into democracy, people living in the Amathole District Municipality in the Eastern Cape are still being denied access to basic service delivery. The dignity of black people has specifically been impacted through the denial of access to water.

What differentiates the water shortages in Gauteng, KwaZulu-Natal and the Western Cape is that the municipality has not made an effort to install water infrastructure mechanisms in the area since 1994.

The reality is, despite the strides of the Constitution in making access to things such as water a human right, black people living in rural areas languish in the failed promises of democratic South Africa.

What does an election year mean for those who have never experienced service delivery in their lifetime?

Similar situation across the province

In 2020, a community living in the Toboyi villages approached the Centre for Applied Legal Studies, a public interest organisation and a registered law clinic at the University of Witwatersrand in Johannesburg, for legal assistance. Currently, residents can only access water through rainfall, streams, dams and rivers.

Their situation is not unique as several areas in the Eastern Cape deal with water insecurity.

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In 2020, the Trust for Community Outreach and Education released a report highlighting the injustices and inequalities of people living in the Eastern Cape, with a special focus on water security. A large portion of the water scarcity in the province is attributed to incompetent local municipalities. This is because these municipalities fail to research, plan, fund and execute methods of rendering services to residents living in rural communities.

The Water Services Act clearly outlines that everyone should have access to basic water supply and basic sanitation. This is, however, not the case for more than 1 000 residents in the Toboyi villages, where their dignity is infringed, and their constitutional rights undermined. A lack of access to water affects the community socially, economically and politically.

Impact of lack of water

The failure of the municipality to provide potable, clean water to the residents of the Toboyi Villages has resulted in several other issues. There is massive frustration which has seen an increase in violence, where young men are alleged to be at the forefront. The victims of this violence are usually women, children and the elderly.

This does not come as a surprise because women in the rural areas of South Africa are primarily caregivers. They are the ones who must travel up to 10 kilometres to get clean water to care for their homes. This includes ensuring that children are bathed to attend school, the family is fed, and that the laundry is done.

The gendered aspect of water insecurity can further be seen when women and girls have their monthly periods and miss school and community engagements on the basis that there is insufficient water access in their areas. They are unable to wash themselves - which, in turn, severely affects their dignity. The fact is not made easier when they cannot put time aside to travel the extra kilometres to access clean water because of the threat of violence.

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The need is now more urgent than ever in our democracy to realise the human rights of everyone living in South Africa, including those in the rural parts of the country. Local municipalities must employ feasible, multi-dimensional problem-solving mechanisms to deal with water insecurity in the Eastern Cape.

This can be achieved through various partnerships, ranging from the Department of Human Settlements; Water and Sanitation; Water Boards, such as the Amatola Water Board in the Eastern Cape; Academics; Local Municipalities; and Residents and Private Stakeholders. Such partnerships will address water insecurity in a holistic manner that views access to water as an integral part of society.

Residents of Toboyi intend to approach the Eastern Cape High Court later this year, in the hope that access to potable water will become a part of their lived reality.

- Tsireletso Mokoaqo and Thuli Zulu are based at the Centre for Applied Legal Studies, Wits University.

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OPINION | A thirst for justice: Toboyi villages fight for water rights amid systemic inequality | News24 (2024)

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