For immediate release
22 May 2026
On 15 May 2026, the Mthatha High Court delivered the judgment that the communities of Ward 28, Centane, have waited nearly a decade for. Judge President Zamani Nhlangulela made it unequivocally clear in the court order: the Minister, the Premier, and the Amathole District Municipality have failed the residents of Ward 28. They have breached their constitutional and statutory obligations by denying these communities access to something as basic and non-negotiable as water.
For nearly a decade since the first court hearing in 2017 took place, the residents of Ward 28 have had no choice but to drink from rivers shared with livestock, exposing the communities to disease, indignity, and preventable suffering. This is not acceptable. Every single day without water is another day the state has failed to honour its constitutional obligation to the communities of Ward 28.
The residents of Ward 28 have been patient in the face of broken promises and forced to survive conditions that no human being should endure. Coastal Links and Masifundise were compelled to file an urgent application with the Mthatha High Court in 2021 to compel the government to supply these rural communities in the Centane area with basic water services. This has not been done.
Subsequently, the hearing for Part B was held on 25 November 2025. It called for the government (local, provincial and national) to provide basic water services to Ward 28, Centane. These communities are remote and have endured a debilitating water crisis for nearly a decade, yet efforts to prompt a government response have been met with no action. This constitutes a gross violation of human rights.
This led to a detailed court order calling for the convening of a task team across the different spheres of government to devise a plan within two months to ensure water is provided in Ward 28. Lulamile Khetshemiya from Centane noted that there is much to be happy about, “We welcome this judgement, but the idea of a task team being created seems like a good idea. We want to see what it plans to do and take it from there,” said Khetshemiya.
Over the years, government officials have consistently deflected responsibility by blaming one another. This has not only stalled progress but has further delayed the provision of basic water services to these communities. Sandawana Ncitakalo shares the same sentiment as Khetshemiya,”We will keep an eye on the task team and see what they come up with.”
This victory belongs to marginalised communities facing harsh social realities. It can serve as a tool of resistance against all human rights violations, regardless of socio-economic background. The court order calls on the relevant government authorities to put it into effect as mandated by the judgement. Access to water is a human right, and it is imperative that no one is excluded, regardless of where they are situated.
For media enquiries, please contact:
Boyisile Mafilika
082 621 4420
Nobathembu Ndzengu (Media Officer)
078 593 4230
nobathembu@masifundise.org.za
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071 283 3179 (WhatsApp)
carmen@masifundise.org.za