The Star Opinion

Reflecting on 30 years of constitutional water rights in South Africa

OPINION

Ramateu Monyokolo|Published

As South Africa reflects on three decades of constitutional democracy, the progress made in the water sector stands as a beacon of what is possible. Yet, it is also a stark reminder of the unfinished journey ahead, says the writer.

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Earlier in May, South Africa marked 30 years since adopting a Constitution that redefined the relationship between the state and its people. In the water sector, this is evident in expanded access to water and sanitation, and in recognising water as a fundamental right.

 In 1994, water access reflected apartheid’s deep inequalities. Millions of black South Africans, especially in rural areas and informal settlements, lacked safe water. Women and children walked long distances to often contaminated sources, while sanitation was undignified and hazardous. Infrastructure investment had been racially skewed, excluding entire communities from this basic necessity.

The 1996 Constitution confronted this injustice by enshrining socio-economic rights, including access to sufficient water, making it a constitutional obligation rather than a policy choice. It also provided a legal basis to protect against environmental harm, such as pollution and sewage spillages, affirming that a safe environment is inseparable from water and dignity.

At its core are the values of dignity, equality, accountability and human rights. Water is fundamental to life, health and economic participation. Denying water or sanitation undermines dignity, equality and justice. The Constitution, therefore, obliges the state to take reasonable measures to realise these rights while safeguarding water resources for future generations.

Over the past three decades, this constitutional mandate has driven a major expansion of basic services. Since 1994, access to clean water has grown from about 55% of the population to roughly 92–95%, with most South Africans now able to access water at least at a basic level. Sanitation services have also improved significantly, reducing reliance on unsafe systems and restoring dignity to previously marginalised communities. While reliability challenges persist in some areas, these are being actively addressed.

Ramateu Monyokolo is chairperson of Rand Water and AWSISA

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For many South Africans, access to a flush toilet, a reliable tap, and safe wastewater systems represents more than infrastructure. It represents inclusion, recognition and restoration of dignity. It is a tangible expression of freedom. It affirms that those who were excluded by our past are now recognised as full citizens, entitled to services that support a decent quality of life.

These gains have not occurred by chance. They are the result of deliberate policy choices, sustained investment and a governance framework anchored in constitutional principles. The introduction of free basic water for indigent households, targeted infrastructure programmes for underserved communities, and the strengthening of local government as a delivery agent all reflect the Constitution in action.

The courts have played a key role in giving effect to these rights by holding the state accountable and ensuring policies are reasonable and inclusive, reinforcing the principle that water provision is a constitutional issue, not merely a technical issue. This extends to environmental protection, where legal oversight helps address pollution, enforce compliance, and respond to sewage spillages that threaten communities and ecosystems.

Yet, while there is much to acknowledge, the water sector also reflects the unfinished work of the constitutional project. Access does not always mean reliability. Ageing infrastructure, governance weaknesses, financial constraints and climate pressures continue to affect service delivery. In some areas, communities still face intermittent supply and inadequate sanitation, while pollution and sewage discharges undermine both environmental integrity and public confidence.

These challenges underscore the urgency of fully implementing the Constitution. The Constitution was never a guarantee of instant transformation. It is a framework for sustained progress. When water systems fail, or pollution persists, this is not a failure of constitutional design, but a failure of execution, accountability and capacity. This is where institutions such as the Association of Water and Sanitation Institutions of South Africa (AWSISA) play a critical role.

AWSISA works to strengthen collaboration across government, water boards, municipalities, the private sector and civil society to ensure that the water right is translated into lived experience. By promoting best practice, supporting institutional capacity, advocating for sustainable investment and fostering partnerships, AWSISA contributes directly to building a water sector that is capable, resilient and aligned with constitutional imperatives.

At the same time, AWSISA is working closely with academic, professional and global institutions to build capacity and strengthen professionalism across the sector. This includes developing skills, supporting knowledge exchange and promoting standards that ensure long-term institutional stability and excellence in water and sanitation services.

AWSISA’s work is grounded in the understanding that realising the water rights requires more than policy. It requires coordination, innovation and sustained commitment. It is about ensuring that infrastructure investments are effective, that governance systems are strengthened, and that communities ultimately benefit from reliable and safe services.

Recent and upcoming initiatives led and supported by AWSISA illustrate this commitment. At the AU Africa Water Investment Summit, AWSISA joined governments, development finance institutions and private sector leaders to advance discussions on mobilising large-scale investment into Africa’s water infrastructure. This engagement is critical in addressing funding gaps and accelerating the delivery of services, particularly in underserved areas.

Looking ahead, AWSISA will host the AWSISA Africa and Global South Water and Sanitation Dialogue 2026 from 23 to 26 November under the theme: “Accelerating Climate-Resilient Water and Sanitation Solutions for Africa and the Global South – Every Drop Counts.” 

This initiative will focus on the urgent need to build climate-resilient systems that can withstand environmental pressures while ensuring equitable access. It reinforces the principle that sustainable water management is inseparable from social justice and economic development.

Thirty years on, the story of water in South Africa is one of meaningful progress, but also of unfinished work. In the end, the true measure of our Constitution will not be found in its text alone, but in whether every South African can turn on a tap, access safe sanitation, and live with dignity. That is the promise of 1996. And that remains our collective task.

Ramateu Monyokolo is Chairperson of Rand Water and AWSISA