Friday 14 September 2007
IN THE HIGH COURT OF SOUTH AFRICA (Witwatersrand Local Division)
In the matter between:
LINDIWE MAZIBUKO First applicant
GRACE MUNYAI Second applicant
JENNIFER MAKOATSANE Third applicant
SOPHIA MALEKUTU Fourth applicant
VUSIMUZI PAKI Fifth applicant and
THE CITY OF JOHANNESBURG First respondent
JOHANNESBURG WATER (PTY) LTD Second respondent THE MINISTER OF WATER AFFAIRS AND FORESTRY Third respondent
I, the undersigned,
do hereby make oath and say:
1. I am the second applicant in this matter. I am an unemployed female adult currently reside at 2657 Phiri Ext., Soweto, Gauteng (“the property”).
2. Save where otherwise stated, or where the contrary appears from the context, the facts contained in this affidavit are within my personal knowledge and are, to the best of my knowledge and belief, true and correct.
3. I have moreover read the founding affidavit of Lindiwe Mazibuko filed in this matter and confirm that to the best of my knowledge and belief, the allegations made in the affidavit of Ms Mazibuko, insofar as they refer and relate to me, are true and correct.
4. My husband and I own the property and have so owned it since 1995.
5. My household currently consists of six people, whose personal details are as follows:
Name Age Relationship to Owner Employment Status Grace Munyai 43 Applicant (Owner) Unemployed Abel Munyai 46 Husband Employed Zandile Munyai 26 Daughter Unemployed Bonginkosi Munyai 23 Son Unemployed Philisile Munyayi 6 Granddaughter Scholar Rethabile Monyayi 1 Granddaughter Sizile Ngwenya 28 Niece (died of AIDS in April 2004)
6. The only source of water in our house is a standpipe, which was installed in November 2004.
7. This was installed approximately two days after we had applied for it, pursuant to the signature of an agreement, a copy of which is attached hereto marked “GM1”.
8. I am not sure if the flow rate of our water was affected by the installation of the standpipe.
9. Before the standpipe was installed, we had full-pressure flat-rate water.
10. At the time the standpipe was installed, we were given two choices. We could choose either the prepayment water meter or the standpipe. We were not given the choice of full-pressure flat-rate water.
11. With the standpipe, we must go out into the yard whenever we need water. This is inconvenient when compared to having running water inside the house.
12. Before the standpipe was installed we went without water for approximately 6 months, when our community was protesting the installation of prepayment water meters.
13. During the time we were without access to water, my niece Sizile, who had AIDS, was very sick.
14. We had to walk 3 kilometers to fetch water in either Senaonane or Chiawelo. During this time, I could only carry 25l of water, twice per day.
15. We were never able to bring back enough water, especially in light of my niece’s condition. She often soiled the bed, so we had to get water to wash her blankets.
16. One of the hardships we faced during water boycott is that when Sizile was critically ill - and soiling her bed - I would have to fetch water from Senaoane (a neighboring community) at least twice a day. Sometimes I would have to fetch it more than that. This was often too tiring and would not be able to clean Sizile. My husband would also not be able clean her because she is a woman.
17. It was very difficult to care for a sick person without adequate water access. There was no way to get sufficient water for our most basic needs: caring for Sizile, our personal hygiene, cleaning the house, drinking and cooking.
18. At the end of the water boycott, we decided to choose the standpipe because we would not be able to afford to buy water on a regular basis.
19. It is often not easy to determine how much water we will need for certain things in the house.
20. Officials from JW conduct regular checks every month to see if we have not tempered with the standpipes.
21. We still receive water statements from the Johannesburg City Council. My latest statement balance is currently at approximately R30 000 including arrears.
22. I heard that my neighbor, who also chose to have a standpipe, was recently fined R8000.00 for altering her (standpipe) water situation. She was also instructed to return it to its original installation.
I certify that this affidavit was signed and sworn to before me at on this the day of 2006, by the deponent who acknowledged that she knew and understood the contents of this affidavit, had no objection to taking this oath, considered this oath to be binding on her conscience and who uttered the words: “I swear that the contents of this affidavit are true, so help me God.” I certify that the Regulations contained in Government Notice R1258 of 21 July 1972, as amended, have been complied with.
___________________________ COMMISSIONER OF OATHS Name: Address: Capacity: