The water board decided to apply for leave to appeal a recent judgment by the High Court, handed down on Sunday (19/9) by Justice Mhlambi ADJP. A judgment had granted interim relief to Matjhabeng, halting immediate water cuts. On Saturday (25/9), the water entity confirmed applying for leave to appeal. 

The legal wrangling has now introduced fresh uncertainty around the continuity of water supply to thousands of households and businesses on the Free State Goldfields. The appeal process does not negate their legal mandate to impose water restrictions, said Vaal Central Water CEO Luvuyo Ntoyi. 

“I have been legally advised that in accordance with the provisions of the Superior Courts Act, read with Uniform Rule 49(1) of the Uniform Rules of Court, the effect of the judgment is suspended pending the outcome of the appeal.

“I have also been further advised that the water board is entitled to proceed with imposing water restrictions as per the notice in terms of section 4(5) of the Water Services Act issued on 20 August to Matjhabeng, and that this action is in line with the board’s statutory rights and obligations, notwithstanding the interim relief granted by the High Court.”

Vaal Central notified stakeholders that water restrictions will be implemented from midnight, Tuesday (30/9). Ntoyi confirmed all terms outlined in the original Section 4(5) notice still apply, and relevant government departments, including the ministry of water and sanitation and the provincial department of cooperative governance and traditional affairs, will be informed.

Matjhabeng acting municipal manager Adv. Lauretta Williams issued a scathing response to the water board’s announcement, accusing the entity of ignoring a standing court interdict.

“The Municipality has noted, with great concern, the notice issued by Vaal Central Water to proceed with water restrictions from midnight on Tuesday … This decision comes despite the existence of a court interdict, granted by the High Court, preventing Vaal Central from carrying out such punitive action.

“The municipality finds these actions by Vaal Central to be unfair, irresponsible, and far removed from its constitutional obligation to ensure the continued and equitable supply of water. This approach disregards the devastating implications it has on the lives of ordinary residents, who bear no responsibility for the ongoing dispute between the municipality and the water board.”

Williams accused the water board of delaying arbitration proceedings and engaging in what she described as bad-faith litigation. “We remind the public that, in July 2024, the court already ruled on matters directly linked to this dispute, a ruling that Vaal Central continues to undermine by its conduct.”

Last year, Matjhabeng’s debt to the water board exceeded R6.9 billion, a financial burden the municipality has struggled to meet due to internal challenges.

Williams reiterated the municipality’s commitment to ensuring service delivery, calling on residents to remain composed during this volatile period.

OFM News/Kekeletso Mosebetsi mvh