The Gauteng High Court (Pretoria) stopped short of imprisoning a municipal manager in Limpopo for the municipality’s consistent failure to abide by a court order that water must be supplied to the five villages – but the communities have vowed to fight on, says a Daily Maverick report.

In 2009, the water supply was cut off for the five communities living in Elandskraal, Morarela, Mbuzini, Dichoeng and Tsantsabela in the Sekhukhune District in Limpopo.

In 2015, they formed a group called the Concerned Residents of Flag Boshielo West and secured legal representation through the Centre for Applied Legal Studies to bring an application to ensure a reliable supply of water.

Their attorney, Ariella Scher, explained that this had been successful, with the court ordering the Ephraim Mogale Local Municipality and the Sekhukhune District Municipality to provide an interim and permanent water supply to the communities.

According to the court order, the municipality had to fill each JoJo tank in the villages with water from Monday to Friday and also provide potable water through the reticulation system on Wednesday and Saturday. This had to be done until a permanent water purification plant was constructed.

In an affidavit before the court, Scher explained that the municipality ‘consistently failed to comply with the court order’.

In the latest hearing on the matter, Judge Natvarlil Ranchod acknowledged it was urgent and joined the municipal manager as a party. Scher said this was an important step for the court to take.

‘We intend to build on this recognition that municipal officials themselves bear a responsibility to ensure compliance with court orders. At the same time, we wish to share our deep frustration that this matter has been before the courts for over five years.’

Full Daily Maverick report