Notice of Motion

Friday 14 September 2007

IN THE HIGH COURT OF SOUTH AFRICA (Witwatersrand Local Division)

Case No

In the matter between:

LINDIWE MAZIBUKO First applicant

GRACE MUNYAI Second applicant


SOPHIA MALEKUTU Fourth applicant

VUSIMUZI PAKI Fifth applicant





Please take notice that the applicants intend to apply to this court for an order in the following terms:

1. The following decisions of the City of Johannesburg, alternatively Johannesburg Water (Pty) Ltd, are reviewed as set aside:

1.1. the decision to limit free basic water supply to 6 kilolitres per household per month;

1.2. the decision to discontinue in Phiri, Soweto a full-pressure, unmetered, uncontrolled volume water supply for which a fixed charge is levied and to install a controlled volume water supply system operated by means of a prepayment water meter;

2. It is declared that the discontinuation in Phiri of the flat-rate supply and the limitation of the water services of the applicants and other similarly placed residents of Phiri by the City of Johannesburg, alternatively Johannesburg Water (Pty) Ltd, is unconstitutional and unlawful.

3. It is declared that the forced installation of a prepayment water meter system in Phiri by the City of Johannesburg, alternatively Johannesburg Water (Pty) Ltd, without the choice of all available water supply options is unconstitutional and unlawful.

4. It is declared that the choice given by the City of Johannesburg, alternatively Johannesburg Water (Pty) Ltd, to the applicants and other similarly placed residents of Phiri of either a prepayment water supply, or supply through standpipes is unconstitutional and unlawful.

5. It is declared that the prepayment water system used in Phiri is unconstitutional and unlawful.

6. It is declared that

6.1. National Standards Regulation 3(b) sets the minimum standard for basic water supply systems at the highest of 25 litres per person per day or 6 kilolitres per household per month; and

6.2. the provision by Johannesburg Water (Pty) Ltd of 6 kilolitres free water per household per month is in breach of National Standards Regulation 3(b).

7. In the alternative to paragraph 6, it is declared that National Standards Regulation 3(b) is unconstitutional and invalid.

8. The City of Johannesburg, alternatively Johannesburg Water (Pty) Ltd, is ordered to provide each applicant and other similarly placed resident of Phiri with 8.1. a free basic water supply of 50 litres per person per day; and

8.2. the option of a metered supply installed at the cost of the City of Johannesburg.

9. The respondents who oppose this application are ordered jointly and severally to pay the costs of this application.

TAKE NOTICE FURTHER THAT the applicants have appointed The Freedom of Expression Institute as their attorneys of record in this matter and appoint the address set out below as the address at which they will accept notice and service of all documents in these proceedings. TAKE NOTICE FURTHER THAT
-  you are called upon to show why the relief sought by the applicants should not be granted;
-  the City of Johannesburg and Johannesburg Water (Pty) Ltd are required to dispatch a copy of the record of the decisions listed in paragraph 1 above, together with any reasons for its decisions, to the registrar of this court within 15 days of the service of this application and to notify the applicants that they have has done so;
-  the applicants may, within 10 days after the registrar has made the record of the proceedings available to them, by way of delivery of a notice and accompanying affidavit, add to or vary the terms of the notice of motion and affidavit.

TAKE NOTICE FURTHER THAT the applicants will rely on the attached affidavits of Lindiwe Mazibuko, Grace Munyai, Jennifer Makoatsane, Sophia Malekutu, Vusimuzi Paki, Simon Delaney, Peter Gleick, Desmond James Martin and Patrick Bond in support of this review.

TAKE NOTICE FURTHER THAT if you intend opposing this application for review, you are required: (a) to notify the applicants’ attorneys within 15 days of receiving this notice of your intention to oppose this matter and in that notice appoint an address referred to in rule 6(5)(b) at which you will accept notice and service of all documents in these proceedings; and (b) within 30 days after expiry of the time referred to in rule 53(4) file your answering affidavits, if any.

Signed at Johannesburg on this the 5th day of July 2006.

______________________________________ THE FREEDOM OF EXPRESSION INSTITUTE Applicants’ Attorneys c/o The Centre For Applied Legal Studies 1st Floor, DJ du Plessis Building West Campus University of the Witwatersrand 1 Jan Smuts Avenue Johannesburg Gauteng Ref: Ms J Dugard Tel: (011) 717-8619 Fax: (011) 403-2341


AND TO: THE CITY OF JOHANNESBURG First Respondent Metropolitan Centre Building 158 Loveday Street Marshalltown Braamfontein Gauteng SERVICE PER SHERIFF

AND TO: JOHANNESBURG WATER (PTY) LIMITED Second Respondent 58 Frederick Street Marshalltown Braamfontein Gauteng SERVICE PER SHERIFF

AND TO: THE MINISTER OF WATER AFFAIRS AND FORESTRY c/o THE STATE ATTORNEY Third Respondent’s Attorney 10th Floor, North State Building 95 Market Street, cnr Kruis Street Johannesburg Gauteng SERVICE PER SHERIFF

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