Neelam Rahim | neelam@radioislam.co.za
3-minute read
17 July 2025 | 11:54 CAT

📷 A dripping tap symbolises the weeks-long water crisis at the Children’s Memorial Institute, where 23 NGOs were left without running water until a court ruling restored services.

In a crucial victory for access to basic services and constitutional rights, the Gauteng High Court has ordered the immediate reconnection of water to the Children’s Memorial Institute in Parktown, Johannesburg, after taps ran dry for nearly a month. The ruling follows urgent legal action taken by public interest law centre Section 27, which represented 23 NGOs operating from the state-owned premises.

“This is a small but powerful victory for justice and dignity,” said Faatima Laher, candidate attorney at Section 27, who worked on the matter. “These NGOs support some of the most vulnerable members of our society, including children with autism, abuse survivors, the disabled, and low-income families. Without water, they simply could not operate.”

The water was disconnected on 14 June 2025. Despite repeated appeals, the City of Johannesburg failed to engage the organisations or issue appropriate pre-termination notices as required by law. “The city violated Section 62 of its own bylaws,” Laher explained. “Instead of a formal pre-termination notice, they merely attached a few lines to a municipal invoice. That does not meet the legal requirement.”

The building, owned by the Gauteng Department of Infrastructure Development (GDID), houses not only NGOs but also departments of Health and Education services, including Charlotte Maxeke Hospital’s laundry division and a school for children with autism. However, the entire building is billed under a single municipal account, which created a major challenge.

“The NGOs were not issued lease agreements, nor do they have individual water meters or the ability to negotiate service terms,” Laher added. “The court’s order for a division of accounts is significant it will ensure that each entity is responsible only for its actual usage and not penalised for others’ debts or consumption.”

This ruling also highlights deeper systemic issues: a lack of coordination between government departments, administrative inefficiencies, and a failure to safeguard service provision to critical care providers.

While Section 27 is not currently involved in other basic services litigation, Laher confirmed that the organisation continues to work on a range of social justice cases including supporting survivors of sexual violence in schools and advocating for migrant access to healthcare services.

“This case is a reminder that access to water is a constitutional right,” Laher concluded. “We hope this judgment will guide future conduct and protect vulnerable institutions from being caught in bureaucratic failures.”

Listen to the full interview on The Daily Round-Up with Moulana Junaid Kharsany and Faatima Laher.