South African High Court Rules: A Human Right to Water

Posted by Michael E. Campana, WaterWired at 1:14 PM on May 8, 2008.

Colleague Kate Ely clued me in that the South African High Court in Johannesburg recently ruled that people have a human right to water. The Court ruled that the poor have a constitutional right to water, and it's believed to be the first time this constitutional right has explicitly been raised anywhere.

Judge MP Toska ruled that the City of Johannesburg had to provide free basic water in the amount of 50 liters per person per day to the residents of Phiri, Soweto. The City had been cutting off water when residents exceeded a monthly household limit of 6000 liters (200 liters per day per household) of free water, unless pre-payment for more was made.

The judge found the aforementioned practice unconstitutional and wrote that denying the poor access to adequate water "is to deny them the rights to health and to lead a dignified lifestyle."

In specifying the 50 liter per person per day figure, Judge Toska referenced the research by Dr. Peter Gleick of the Pacific Institute. Here is the press release.

Read more here.

This decision really struck a chord with me. I remember at the Third World Forum (3WWF) in Kyoto in 2003 during an open-mike session, a South African man from Soweto told the audience in trembling voice:

"When the whites ruled the South Africa, my water was free. Now that I live in a democracy and my people [the African National Congress (ANC)] are in charge, they turn off my water when I cannot pay."

I hope he's around to witness this historic decision.