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Image: Alaister Russell for GroundUp
The Gauteng provincial office of the South African Human Rights Commission (SAHRC) is embarking on an investigative inquiry into the province’s water crisis and has called on the public to contribute their thoughts and experiences before the deadline of 30 April 2026. The commission has received a deluge of complaints on the “persistent and widespread water shortages, infrastructure failures, governance challenges, and recurring service delivery disruptions affecting communities across the province”, it says in a statement, and according to the investigation’s terms of reference, has decided to address these in a deeper, more thorough manner rather than on a reactive or ad hoc basis.
The inquiry will take place between 19 and 21 May 2026.
“As part of the inquiry, the commission hereby calls for written submissions from all relevant stakeholders, including affected communities, government departments, municipalities, water boards, civil society organisations, experts, researchers, advocacy groups, private sector actors, and interested members of the public. Submissions may include information on the causes of the identified challenges, the impact of the water crisis on affected communities, existing responses and interventions, and proposed steps for addressing the crisis.”
Between the 30 April submission deadline and the commencement of the formal proceedings on 19 May, the commission will consider the written submissions from interested parties and stakeholders, and will, within its discretion, invite selected stakeholders to make oral submissions at the inquiry.
Written submissions and correspondence may be delivered by hand or e-mail.
| Hand-deliver to: | E-mail to: |
| Gauteng Provincial Office, 4th Floor, Sentinel House Office Park, 32 Princess of Wales Terrace, Parktown, Johannesburg | gpwaterinquiry2026@sahrc.org.za |
Challenges exacerbated by extortion
“These challenges have had a disproportionate impact on poor and marginalised communities, residents of informal settlements, schools, healthcare facilities, and social care institutions,” says the SAHRC, “undermining dignity, health, safety, and access to basic services.”
Not only are Gauteng residents suffering from the prolonged erratic or non-existent delivery of water to their communities, but an additional burden has emerged in the form of exploitative water distribution economies commonly referred to as water tanker mafias. The water mafia, along with the construction, taxi, tobacco, and other mafias, have run roughshod through South Africa’s communities, profiting massively from residents’ meagre salaries and greater need.
This illicit industry exploits failing infrastructure and water shortages to extort the state and affected communities, using recurring water outages to profit from dependence on unregulated private water tankers. This entrenches inequality, profiteering, and commodification of a fundamental human right, says the SAHRC, as access to sufficient, safe, acceptable, and affordable water is not only a cornerstone of human dignity – but is constitutionally protected.
The right to water is one of many such provided for in South Africa’s Bill of Rights, and the state is obliged to respect, protect, promote, and fulfil this and the other prescribed rights. “Where access to water is unreliable, unsafe, or structurally unequal, the consequences extend beyond service delivery failure and constitute a direct threat to the enjoyment of fundamental human rights, including dignity, equality, life, health, and an environment not harmful to health or well-being,” says the SAHRC.
In light of this untenable situation, the commission notes “prima facie concerns of a systemic human rights violation and has deemed it appropriate, in the public interest, to conduct a formal investigative inquiry”. The inquiry has the following objectives:
- Assess the extent, nature, and root causes of water access challenges across Gauteng province, including infrastructure failures;
- Assess the impact of the water crisis on the enjoyment of fundamental human rights, particularly for vulnerable and marginalised communities;
- Determine whether the current state of affairs constitutes a systemic human rights violation, and whether any limitation of rights is justifiable;
- Examine whether state actors have taken reasonable and adequate steps to progressively realise the right of access to sufficient water;
- Assess governance, planning, budgeting, infrastructure management, and emergency response systems;
- Examine the emergence and impact of informal water distribution economies and tanker dependency;
- Make findings, recommendations, and directives aimed at addressing systemic failures and securing sustainable access to water.
