CCT39/09

[2009] ZACC 28

2010 (3) BCLR 239 (CC)

2010 (4) SA 1 (CC)

O'Regan J

2 September 2009

8 October 2009

http://hdl.handle.net/20.500.12144/3582

Application for leave to appeal against a judgment of the SCA: City of Johannesburg and Others v Mazibuko and Others (Centre on Housing Rights and Evictions as amicus curiae) 2009 (3) SA 592 (SCA); 2009 (8) BCLR 791 (SCA). Judgment was first handed down in the South Gauteng High Court: Mazibuko and Others v City of Johannesburg and Others (Centre on Housing Rights and Evictions as amicus curiae) [2008] 4 All SA 471 (W).

Application for leave to appeal concerning the reasonableness, fairness and lawfulness of a water policy of the City of Johannesburg, specifically with regard to the pilot project in Phiri Township, Soweto. The introduction of a free basic water allowance of 6 kilolitres per household per month and the introduction of prepaid water meters were challenged as infringing the applicants’ Constitutional rights of access to water and to just administrative action as well as their rights to dignity and equality. The Court held that the City’s free basic water policy was reasonable. It had curtailed the previously exorbitant water losses in the area; had been accepted by the majority of the consumers in the area; was under constant review; and provided for, on average across Johannesburg, more water per person than the applicants were asking for. The Court refused to give a quantified content to section 27 of the Constitution, holding that this would not be appropriate especially where the quantity asked for was not clearly proven on the papers. The introduction of prepaid meters was found to be authorized by law, was fair and was not discriminatory. The importance of socio-economic rights litigation was affirmed. The orders of the High Court and the Supreme Court of Appeal were overturned. Judgment: O’Regan J (unanimous).