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High Court Affirms Constitutional Right to Water in Landmark Mnquma Judgment

High Court Affirms Constitutional Right to Water in Landmark Mnquma Judgment

Public Sector

Dispute Resolution

ND

South Africa

2026

The Eastern Cape Division of the High Court, Mthatha, has delivered a landmark judgement affirming the constitutional right of residents of Ward 28 in the Mnquma Local Municipality to have access to sufficient water. The Court ordered the implementationof a long-term plan to provide sustainable access to water and directed ongoing reporting to monitor compliance and ensure meaningful progress. The judgment reinforces the obligation of the government to take reasonable measures to progressively realise socio-economic rights while remaining accountable for their implementation.


Advisory Team: Webber Wentzel

Ayanda Khumalo

Jos Venter

Mariam Ismail

Geoff Budlender

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