The South African Human Rights Commission (SAHRC) has announced an inquiry into Gauteng’s ongoing water crisis, raising serious concerns about the violation of constitutional rights for millions of residents across the province.
Earlier this year, the Commission called for the water crisis to be declared a national disaster.
“The SAHRC is convinced that the situation regarding water challenges in the country has reached crisis proportions,” it said in February.
What’s driving the inquiry
On Monday, the SAHRC Gauteng Provincial Office said it would convene a formal public inquiry next week as part of a wider investigation into the province’s deteriorating water situation.
“The Commission undertakes this investigative inquiry as part of its constitutional and statutory mandate to promote, protect and monitor the observance of human rights in the country,” it said.
The decision to hold the inquiry comes after the Commission received a flood of complaints pointing to entrenched problems in the province’s water supply systems.
According to the Commission, the complaints relate to “persistent and widespread water shortages, recurring service delivery disruptions, ageing infrastructure, governance failures, and the deteriorating reliability of water supply systems across Gauteng Province.”
The situation has become so severe that the Commission felt compelled to act, noting that the crisis has disproportionately affected the most vulnerable.
“The ongoing water crisis has severely impacted communities across the province, particularly poor and marginalised communities, residents of informal settlements, schools, healthcare facilities and social care institutions,” the Commission said.
Constitutional rights at stake
At the heart of the inquiry is whether the state is meeting its obligations under South Africa’s Constitution.
The Commission has flagged that recurring water supply disruptions are threatening the enjoyment of several fundamental rights.
These include the rights to dignity, equality, life, healthcare, a healthy environment, and access to sufficient water.
The Commission has also drawn attention to the increasing reliance on emergency measures that were never meant to be permanent solutions.
It noted “growing dependence on private water tanker systems during prolonged outages” as a particular concern, raising questions about the sustainability and adequacy of emergency response mechanisms.
Critically, the Commission has reaffirmed the state’s legal obligations in this regard, stating that “access to sufficient water is a constitutionally protected right and the state bears positive obligations to respect, protect, promote and fulfil this right.”
What the inquiry will examine
The inquiry is designed to be wide-ranging, cutting across infrastructure, governance, planning and community impact.
It said it will look into the extent and nature of water access challenges across Gauteng, as well as the root causes behind the recurring shortages and infrastructure failures.
Beyond the pipes and pumps, the Commission has made clear it intends to scrutinise the decision-makers.
The inquiry will examine “governance, planning, budgeting and infrastructure management systems,” alongside emergency response measures and how well different spheres of government have coordinated their responses.
The Commission has also confirmed the inquiry will assess how the crisis has affected communities on the ground, and will evaluate “the role and effectiveness of municipalities and other relevant state actors.”
Who will take part
The Commission has extended invitations to a broad range of stakeholders to participate in the proceedings.
These include government departments, municipalities, water entities, civil society organisations, experts, and affected communities.
The inquiry is scheduled to take place from 19 to 21 May 2026 at the Human Rights Conference Room, Old Fort Prison, Constitution Hill, 1 Kotze Street, Braamfontein, Johannesburg. Sessions will run daily from 8am to 4pm.
