Nonkuselo Mazatu and Another v OR Tambo District Municipality and Others

The applicants were occupiers of the Windsor Hotel premises in Mthatha since 2023, residing there with their families and operating small businesses. The property was owned by the Eastern Cape Development Corporation (third respondent), which had a service agreement with OR Tambo District Municipality (first respondent) for municipal services. The third respondent fell into substantial arrears on its municipal account. On 8 May 2025, the municipality terminated the water supply to the premises due to non-payment by the owner. The applicants alleged that the termination occurred without notice to them, without an opportunity to make representations, and in violation of their constitutional rights. As indigent occupiers dependent on water for basic living, sanitation, dignity, health, and children’s education, they sought urgent interim relief pending a review of the municipality’s decision.

A rule nisi was issued. The termination of the water supply was declared unconstitutional and unlawful, reviewed and set aside on an interim basis. The respondents were ordered to reconnect the water supply forthwith and were interdicted from unlawfully terminating it pending finalisation of the review. The applicants’ failure to exhaust internal remedies was condoned, and the respondents were ordered to pay costs, including costs of two counsel.

The case affirms that municipalities must observe constitutional and procedural fairness obligations when terminating basic services, even where occupiers lack contractual privity. It reinforces the protection of socio-economic rights, particularly access to water, and applies Constitutional Court jurisprudence on interim relief and service termination in a local government context.