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South Africa’s Constitution Outlines Access To Water As A Basic Human Right For Everyone

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Access to water and sanitation are recognized by the United Nations as human rights – fundamental to everyone’s health, dignity, and prosperity. However, billions of people are still living without safely managed water and sanitation.

Marginalized groups are often overlooked, and sometimes face discrimination, as they try to access the water and sanitation services they need. Governments must take a human rights-based approach (HRBA) to water and sanitation improvements so that no one gets left behind.

Chapter 2 of the Constitution of South Africa provides that: “Everyone has the right to have access to sufficient food and water.”

Water Services Act

The South African Water Services Act provides that: 

  • Everyone has a right of access to basic water supply and sanitation services;
  • Every water services institution must take steps to realize these rights;
  • Every municipality must plan in its water services development plan to realize these rights.

Free Basic Services

South Africa has a policy of free basic services (indigent policy) including water, electricity, and solid waste collection to ensure that:

  • Every household should receive the first 6,000 liters of water a month for free. Water that is used over and above this has to be paid for. Water is charged at a rising tariff which means that the more you use, the more it costs. Nationally 92,5% of households have access to improved drinking water sources;
  • Different municipalities have different policies for the provision of free water and sanitation. You may receive these services automatically or you may have to register for the services.

Facts & Figures

  • The human right to safe drinking water was first recognized by the UN General Assembly and the Human Rights Council as part of binding international law in 2010. (UN, 2010)
  • The human right to sanitation was explicitly recognized as a distinct right by the UN General Assembly in 2015. (UN, 2016)
  • Today, 1 in 4 people – 2 billion people – worldwide lack safely managed drinking water. (WHO/UNICEF, 2021)
  • 3.5 billion people still live without safely managed sanitation, including 419 million who practice open defecation. (WHO/UNICEF, 2023)
  • Less than 1/3 of 106 responding countries indicated high participation levels by local communities in water and sanitation decision-making. (GLAAS, 2022)
  • Only 17% of 106 responding countries say they have over 75% of the financial resources needed to support the participation of users and communities in rural drinking water and sanitation planning and management. (GLAAS, 2022)


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