A pro-poor judgment

I have been reading the text of a remarkable court judgment delivered by judge MP Tsoka, of the High Court of South Africa, at the end of April this year. It is an incredible document, and amid all the bad news coming our way lately, gives me some hope and encouragement.

The judgment concerns a case brought by residents of the township of Phiri in Johannesburg, asking the court to declare unlawful, the installation of pre-paid water meters in their properties.  These pre-paid meters were introduced by Johannesburg Water, as part of a bid to eliminate the problem of people not paying for their water supply, and being in constant arrears. The solution was to install pre-paid meters. These meters allow households to get the basic monthly allowance of 6 kiloliters free water per month, after which the water supply shuts off until the resident purchases water credits. The 6 kiloliters translates roughly into about 25 liters per person per day.

The residents of Phiri complained that the free allowance runs out in the middle of each month, and since most of them are poor and unemployed, they can't afford to buy more water. This means that they are without any water at all for two weeks each month. They contended that the installation of the pre-paid meters was unconstitutional as it interfered with their constitutional right to sufficient water.

In his judgment, Judge Tsoka agrees with the applicants and declares that the pre-paid meters are unlawful. The judgment outlines how the Johannesburg Water company acted in a very arrogant and discriminatory manner in installing the meters, and in communicating with the residents of Phiri. The judge argues that the measure is discriminatory, and racially discriminatory, as it treats the poor black residents of Phiri differently from the rich white residents of upmarket suburbs. In rich suburbs (still largely white), people get water on credit. If they don't pay their water bills they have the right to provide reasons to the council, and take measures to pay their bills, before getting their water cut off. But in poor areas, with pre-paid meters, people don't have any such leeway. If they can't buy units, they don't have water.

The installation of pre-paid water and electricity meters in South Africa's poorest households has been a very contentious issue for years, and this judgment comes down heavily in favour of the poor. Many critics of the government have long argued that the government's claims of providing electricity and water to the poor are not accurate, as while the infrastructure has been provided, poor people with pre-paid meters in their homes don't really much access to electricity or water.

The judgment is encouraging, because it says clearly that the state has a duty to take measures to ensure the basic needs of the poor are met, and that all citizens should have the same administrative procedures applied to them. In a time when the poor are feeling increased pressure as result of rampant food and fuel inflation, and where the gap between rich and poor is growing ever-wider, this judgment provides a sense of hope and sanity.

Let us hope that the government at municipal, provincial and national level takes note, and begins to re-visit its treatment of the poorest and most vulnerable South Africans.