The ball has been set in motion for an eventual contempt-of-court order regarding the inconsistent water supply to Makhado (Louis Trichardt). 

AfriForum’s application for an order that could lead to the Vhembe municipal manager's being held in contempt of court centres around the fact that Vhembe District Municipality (VDM) neglected to comply with the court order of 2 October last year regarding potable water to Makhado (Louis Trichardt).

A motion notice was handed to the North Gauteng High Court in Pretoria of an application on 14 May.  After 17:00 the previous day, AfriForum heard that Vhembe had decided to settle. The parties met at court the following day to discuss Vhembe’s proposed settlement. AfriForum’s advocate, Jan Saunders,  informed Vhembe’s lawyer, however, that they declined the settlement offer and wanted to go to court. At the time of going to press, the parties still had to be called into court.

The application requests that the Vhembe municipal manager, Mr Masala Makumule, be ordered to see to it that the VDM complies with the court order issued by Judge Mngqibisa-Thusi on 2 October, within 30 days of the date of the new order. That means that the new boreholes in Makhado (Louis Trichardt) supply water, that residents be informed of the impact of that borehole scheme on the water supply, that water be supplied on a daily basis between 04:00 and 10:00 and 16:00 and 20:00 and that proper notice be given when Vhembe is not in a position to supply water. In addition, it means that daily water readings will be taken at the Albasini Dam waterworks, pump station three and the water levels at Mowkop water reservoir, that the Albasini pipeline be cleared of vegetation and monitored daily for leakages, and that flow meters at the borehole scheme providing water to the Bergh Street reservoir be monitored.

If the municipal manager does not see to it that his municipality complies with all these things, the application is that he will be held in contempt of court, with a jail sentence of 30 days.

AfriForum also makes an application that Vhembe be ordered to pay the cost of this application. In the event of the municipal manager's being found guilty of contempt of court, the application states that he is ordered to pay the costs. That means that he could be responsible for the payment in his personal capacity.

AfriForum’s local chairperson, Mr Wally Schultz, as well as businesswoman Annette Coetzee and AfriForum attorney Werner Human, supplied supporting affidavits to Anne Marie Kuhne’s founding affidavit.

“The connection of the infrastructure of the new boreholes occurred on 8 February, whereas the court order of 2 October specified 30 November, a time frame chosen by Vhembe,” said Schultz.

Coetzee said that the town’s water delivery problems had a devastating effect on businesses that rely on water to earn a living. Concerning the giving of notice of water supply interruptions, Coetzee found that radio stations received no such notifications.

“From June last year up to March this year (in nine months) we have been without water for more than 123 full days. The position has not improved since last year’s court order,” said Kuhne, who keeps a daily record of the water supply in her area.

“I believe we are doing the right thing to go to court, since we have a strong case. We hope that fairness will prevail,” Schultz said on Tuesday.