Ethekwini Ramps Up Multi-Billion-Rand Water Projects to Strengthen Supply

The eThekwini Metropolitan Municipality is undertaking multi-billion-rand water infrastructure projects, including the R11 billion Lower uMkhomazi Bulk Water Supply Scheme and the R1.2 billion Southern Aqueduct upgrade, to enhance water security and service delivery. These initiatives are critical for stabilising supply, addressing aging infrastructure, and mitigating significant water losses across the city. The projects underscore the municipality's efforts to fulfil its constitutional and statutory obligations to provide access to sufficient water, as mandated by Section 27 of the Constitution and elaborated in the Water Services Act 108 of 1997 and the National Water Act 36 of 1998. This development highlights the complex interplay between infrastructure investment, legal compliance, and the progressive realisation of socio-economic rights in South Africa.

The eThekwini Metropolitan Municipality is embarking on a significant multi-billion-rand water infrastructure programme, a crucial undertaking aimed at bolstering water security, stabilising supply, and enhancing service delivery for its residents. At the forefront of these efforts are the R11 billion Lower uMkhomazi Bulk Water Supply Scheme and the R1.2 billion Southern Aqueduct upgrade, alongside other critical interventions such as the Northern Aqueduct and the refurbishment of the Ntuzuma Pump Station.

These extensive projects are not merely engineering feats but represent a concerted municipal response to persistent water challenges, including aging infrastructure, high water losses, and increasing demand driven by urbanisation. The municipality's commitment to these investments reflects its constitutional and statutory duties to ensure access to sufficient water, a fundamental right enshrined in South African law. This article will delve into the legal framework governing water provision in South Africa, analyse the specific projects undertaken by eThekwini, and discuss the broader implications for legal practitioners and the progressive realisation of water rights.

The right of access to sufficient food and water is a fundamental human right enshrined in Section 27(1)(b) of the Constitution of the Republic of South Africa, 1996. This constitutional imperative places a duty on the state to take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right. Parliament has given effect to this right through key legislation, primarily the Water Services Act 108 of 1997 (WSA) and the National Water Act 36 of 1998 (NWA).

The Water Services Act establishes the right of access to basic water supply and sanitation, defining basic water supply as a minimum quantity of potable water of 25 litres per person per day or 6 kilolitres per household per month, delivered at a rate of not less than 10 litres per minute, within 200 metres of a household, and without interruption for more than seven days per year. It mandates water services authorities (municipalities) to progressively ensure efficient, affordable, economical, and sustainable access to water services and to prepare Water Services Development Plans to realise these rights. The National Water Act, on the other hand, provides for the fundamental reform of water resource law, establishing the national government as the public trustee of the nation's water resources and ensuring their protection, use, development, conservation, management, and control in an equitable and sustainable manner. Despite this robust legal framework, many municipalities, including eThekwini, have faced significant challenges in consistently providing reliable water services, often grappling with aging infrastructure, high levels of non-revenue water loss, and increasing demand.

The eThekwini Municipality's current water infrastructure programme directly addresses its obligations under the Water Services Act and the constitutional right to water. The R11 billion Lower uMkhomazi Bulk Water Supply Scheme, now in its second phase, is designed to deliver 100 megalitres of water per day, with 75 megalitres allocated to eThekwini, significantly augmenting supply to southern communities and allowing for redistribution to other regions. Similarly, the R1.2 billion Southern Aqueduct upgrade, involving the replacement of a 70-year-old concrete pipeline with a larger steel one, aims to improve water reliability for approximately 1.2 million residents in the south of Durban. These projects, along with investments in the Northern Aqueduct and Ntuzuma Pump Station, are crucial for stabilising supply and reducing the municipality's staggering water losses, which have been reported to be as high as 40-56% due to leaks, illegal connections, and billing inefficiencies.

Judicial pronouncements have consistently affirmed the state's duty to progressively realise the right to water. In the landmark case of *Mazibuko and Others v City of Johannesburg and Others* [2009] ZACC 28, the Constitutional Court clarified that while the state is not required to provide every person with sufficient water on demand, it must take reasonable legislative and other measures, within available resources, to progressively achieve the right. This ruling underscores the importance of well-planned infrastructure projects like those in eThekwini as 'reasonable measures'. However, the Court also acknowledged the need for a minimum standard, which the Water Services Act sets at 25 litres per person per day.

Furthermore, municipalities cannot simply cite financial incapacity as an excuse for failing to deliver basic services. The case of *Minister of Water and Sanitation v Msukaligwa Local Municipality* [2024] ZASCA 164 (1 December 2024) saw the Supreme Court of Appeal reject such a defence, ordering the municipality to align its service delivery with national standards. This reinforces the legal imperative for eThekwini to proactively invest in and maintain its water infrastructure. The Constitutional Court has also dealt with issues of water tariffs and administrative action, as seen in *Minister of Water and Sanitation v Sembcorp Siza Water (Pty) Ltd and Another* [2021] ZACC 20, which affirmed a water board's power to set and enforce rational tariffs under the Water Services Act. More recently, the Western Cape High Court in *South African Property Owners Association and Afriforum v City of Cape Town* [2026] ZAWCHC 60 (30 April 2026) declared certain fixed charges for water and sanitation unconstitutional, highlighting the need for municipal billing practices to align with constitutional and statutory provisions, particularly Section 229 of the Constitution regarding consumption-based charges.

The eThekwini projects, supported by the Presidential eThekwini Working Group, represent a multi-stakeholder approach to addressing these systemic challenges. By focusing on new supply schemes, pipeline replacements, and pump station refurbishments, the municipality aims to enhance the resilience of its water distribution system, reduce breakdowns, and improve its capacity to manage peak demand, thereby moving closer to the progressive realisation of the right to water for all its residents.

The eThekwini Metropolitan Municipality's multi-billion-rand investment in water infrastructure projects is a critical step towards fulfilling its constitutional and statutory obligations to provide sufficient water to its residents. These projects, particularly the Lower uMkhomazi Bulk Water Supply Scheme and the Southern Aqueduct upgrade, are vital for addressing long-standing issues of water scarcity, aging infrastructure, and significant water losses. The ongoing efforts demonstrate a commitment to the progressive realisation of socio-economic rights, a principle consistently upheld by South African courts.

For legal practitioners, these developments present several implications. Attorneys involved in public procurement will find ample opportunities in the contracting and oversight of these large-scale infrastructure projects. Environmental lawyers will need to monitor compliance with environmental impact assessments and water use licensing under the National Water Act. Administrative law specialists will continue to play a role in ensuring that municipal decisions regarding water services, tariffs, and service delivery are lawful, reasonable, and procedurally fair, especially in light of recent judgments on municipal charges. Furthermore, constitutional law practitioners will remain crucial in advocating for communities where the progressive realisation of the right to water faces delays or impediments, ensuring accountability and adherence to the state's fundamental duties.