The municipal manager of the Vhembe District Municipality (VDM) has 90 days to ensure that Makhado (Louis Trichardt) has running water on a daily basis between 04:00 and 10:00 and 16:00 and 20:00.

This was ordered by Judge Tshifhiwa Maumela in the North Gauteng High Court in Pretoria on 16 May. Civil rights organization AfriForum lodged an urgent court application, following VDM’s failure to supply water in terms of a Court Order to that effect, dated 2 October last year.  This time, however, the municipal manager is personally held accountable for ensuring the water flow to town.

While the court was in session, taps in parts of Makhado (Louis Trichardt) once again ran completely dry. Mr Steven Jansen van Vuuren of Douthwait Street said on Monday that not a single drop of water had come from the taps in his house for the past 10 days. Other residents experience a trickle of water now and then.

AfriForum members who were in court were surprised, however, to hear VDM’s lawyer insisting that they had fully complied with the original Court Order to supply water to Makhado (Louis Trichardt) and that there was no water shortage in town. After three gruelling days in and out of court, the new court order was finalized. The High Court ordered the VDM to pay the cost of the application.

If, after 90 days, there has been no compliance with the court order, AfriForum will take legal action for contempt of court against the municipal manager, Mr Masala Makumule, which could see him end up in jail for 30 days.

“It is disappointing that South Africans have to approach the court in order to have basic services. If municipalities do not comply with court orders or their constitutional functions, the civil community has the right to demand accountability,” said Mr Werner Human, legal representative for AfriForum.

“We have won a significant court victory. It sets a new legal precedent for residents of all towns and cities across South Africa. For the first time, a senior municipal employee will be held personally accountable for his actions or lack thereof,” said Mr Wally Schultz, chairperson of Louis Trichardt AfriForum.

Though elated about the court order, Schultz is troubled by what actions should be followed on the ground, since  the focus is after all to have water in households in town as soon as possible. “Do we as a community sit back and wait for Vhembe to try and possibly fail - and then claim another victory, should the municipal manager be imprisoned? This means a new person in the job who will need to ‘find his feet’, with all the ready excuses, resulting in water delivery's being delayed even further? Or do we step in and positively ‘engage’ with the municipality and be part of the solution to help ensure that water flows to town, all the while knowing that we have the courts to back us and enforce full compliance?” asked Schultz.

The other question is whether VDM will take this new order seriously and deliver water to town with the necessary sense of urgency . VDM was approached for their response to the new court order, but at the time of going to press Mr Moses Shibambu of their communications office was still awaiting the necessary information.