The case of Ngomane and Others v City of Johannesburg Metropolitan Municipality and Another involved a dispute between the applicants, who were residents of a certain property, and the City of Johannesburg Metropolitan Municipality. The applicants sought an order declaring the respondent's actions in disconnecting water supply to their property unconstitutional and unlawful. They argued that they were unable to pay their water bill due to financial hardships and that the disconnection of water supply violated their right to access to sufficient water as guaranteed by the Constitution.
The City of Johannesburg Metropolitan Municipality argued that the disconnection of water supply was lawful and justified as the applicants had failed to pay their water bill for an extended period of time. They maintained that the disconnections were done in accordance with the relevant municipal by-laws and policies.
The High Court ruled in favor of the applicants, declaring the disconnection of water supply unconstitutional and unlawful. The City of Johannesburg Metropolitan Municipality appealed the decision to the Supreme Court of Appeal (SCA).
The SCA considered the relevant constitutional provisions and international law pertaining to the right to access sufficient water and ultimately upheld the High Court's decision. The SCA held that the disconnection of water supply to the applicants' property was unconstitutional and ordered the City of Johannesburg Metropolitan Municipality to restore water supply to the property.
Overall, the case had important implications for the protection of socio-economic rights, specifically the right to access sufficient water, and highlighted the responsibilities of municipalities in ensuring the provision of essential services to their residents.
Ngomane and Others v City of Johannesburg Metropolitan Municipality and Another (734/2017) [2018] ZASCA 57 case facts
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