Mazibuko and Others v City of Johannesburg and Others

The applicants were poor residents of Phiri, Soweto, who challenged the City of Johannesburg’s water supply policies. The City provided 6 kilolitres of free basic water per household per month and implemented Operation Gcin’amanzi, which replaced old infrastructure and introduced a choice between a restricted yard tap (limited to 6 kilolitres per month) or a pre-paid water meter. The applicants argued that the free water allocation was insufficient for large, poor households and that the installation of pre-paid meters was unlawful and unconstitutional, as it resulted in automatic cut-offs once the free allocation was exhausted.

Leave to appeal was granted. The appeal succeeded. The orders of the High Court and the Supreme Court of Appeal were set aside. The City’s Free Basic Water policy and the installation of pre-paid water meters in Phiri were upheld as lawful and constitutional.

This case is a leading authority on the adjudication of socio-economic rights in South Africa. It reaffirmed the reasonableness standard established in Grootboom and TAC, rejected the notion of a judicially enforceable minimum core for socio-economic rights, and clarified the limited role of courts in setting policy or quantifying entitlements under section 27 of the Constitution.