The Vhembe District Municipality (VDM) was served with legal papers in the North Gauteng High Court on 7 September as part of AfriForum’s first step in forcing the municipality to adhere to its constitutional obligations to provide residents of Makhado (Louis Trichardt) and surrounds with water.

The VDM now has until 12 September to provide the court with a response, should they oppose this action. Local AfriForum chairperson Mr Wally Schultz said that the respondents in the case are the VDM, the Makhado Municipality, Limpopo Premier Mr Cassel Mathale and the Minister of Water Affairs, Ms Edna Molewa.

AfriForum's organiser in Limpopo, Mr Tiaan Esterhuizen, said that the municipality's careless attitude indicated that they were not taking their constitutional responsibility towards residents seriously. The court papers were served on the respondents, despite an appeal from Makhado Mayor Cllr David Mutavhatsindi to Schultz to stop legal proceedings.

“The mayor approached me at the last minute to drop our urgent application, indicating that the Makhado Municipality was prepared to co-operate with us on improving service delivery. He indicated that the recent appointment of a new municipal manager would be followed by more appointments that will dramatically change the current situation,” Schultz said. Schultz added, however, that he had informed Mutavhatsindi that while they welcomed this new attitude, it should have been done months ago before things got out of hand.

“I was astonished that Mayor Mutavhatsindi was unaware that the VDM had not even bothered to reply to any of AfriForum’s demands that precipitated this court action,” said Schultz.

Since a local resident is required by the court to be an applicant in the action, along with AfriForum, Ms Anne-Marie Kuhne was the obvious choice to accompany Shultz to sign off the required legal documentation in Polokwane on 5 September. Kuhne operates a cut-flower business from her home in the centre of town.

“Kuhne kept a meticulous record of the inconsistent water supply in town. Her statement was so comprehensive and even included a detailed calendar of daily water flows, making her the clear choice to be a joint applicant, as required by law, in our urgent court application” said Schultz.