/ 9 September 2008

City of Jo’burg allowed to appeal against water ruling

The Johannesburg High Court has granted the City of Johannesburg leave to appeal against its ruling on the installation of a pre-paid water system in Phiri, Soweto, the city said on Tuesday.

On April 30, the high court made a ruling setting aside the city’s decision to limit the free basic water supply to 25 litres a person a day, or six kilolitres a household.

The court ruled that the installation of a pre-paid water system in Phiri, without giving consumers a choice, was unconstitutional and unlawful.

Residents of Phiri and other parts of Soweto have spent more than five years fighting against the pre-paid system and the restrictions on free basic water supply.

The reality is that every Johannesburg resident receives six kilolitres of water free every month, city spokesperson Nthatisi Modingoane said.

”In addition, people on the city indigent register receive 10 kilolitres of free basic water every month, and furthermore, an emergency water allowance of four kilolitres a year is given to each indigent household,” he said.

Modingoane said the court found reasonable prospects for a different court to come to a different conclusion in the case.

”The court ruling is essential for the city as it paves the way for a resolution in this matter.

”The city is looking forward to the hearing at the Supreme Court of Appeal in Bloemfontein at a date to be set by the court and has already started its preparations,” he said. — Sapa