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 third applicant in this matter. I am a 35-year-old unemployed female, currently residing at 428a Matilili St. Phiri, Soweto, Gauteng, 1818 (“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. I own and live in the house on the property. 9 people reside in my house, with the following personal details:
Name Age Relationship Gloria Bogopane 61yrs Owner Jennifer Makoatsane 34yrs Applicant (daughter to owner) Peter Makoatsane 41yrs Brother Mpho Lubango 28yrs Daughter Keitumetse Makoatsane 8yrs Granddaughter Tshepiso Makoatsane 6yrs Grandson Matete Harvey 40yrs Daughter-in-law Neo Harvey 2yrs Grandson Kamohelo Nathane 12yrs Grandson
5. In mid-November 2004 my late father signed for the installation of the prepayment meter, which functioned immediately after it was installed. We received the free 6kl for November.
6. On the 22nd November 2004 we bought water for R10.00, because the free 6kl had run out. This R10 water lasted for 9 days only. We again bought water for R5.00 on the 30th November 2004.
7. We started using water sparingly by avoiding some of our regular chores like cleaning the floor on a daily basis.
8. We also changed from doing laundry on a daily basis to only once a week. This was very difficult because we had a newborn baby, Neo, in our house whose cleaning and nappy washing required the use of a lot of water.
9. We also reduced the number of times that we flushed the toiled after every use. Instead, we used bathing water as well as dishwashing water to flush the toilet.
10. The 6kl water ran out on 20th December 2004. At that time, we had a huge argument in my house about who should buy the water. We believed that our father, who signed for the prepayment meter against our will, was going to be the one responsible to buy the water. He did not do so.
11. We went for two days without water in our house. During this time, we lived at the mercy of our neighbours, especially those who accepted the standpipe.
12. On the 22nd December 2004, we bought water for R10.00. It lasted for only 8 days because most of it was used in preparation for Christmas Day. On the 30th December 2004, we bought water again for R5.00.
13. In January 2004 we received our next allocation of 6kl water. It lasted for only 20 days. Again, we were without water for three days.
14. In mid-January 2004 my father suffered a mild stroke on the right side of his body. His foot got infected with gangrene, a disease that paralyses the foot and leaves no option but amputation otherwise it spreads to other parts of the body.
15. On the 24th January 2004, we bought water for only R5.00 because there was no money in the house. We needed water desperately because my father’s foot was smelly and the things we used to dress his foot-up needed to be washed thoroughly and daily. That water lasted for only four days. On the 28th January we bought water for R10.00.
16. My father’s health deteriorated and on the 14th February 2005, he died. The 6kl water lasted for only 17 days. On the 18th February 2005 we bought water for R10.00. My father was buried on the 26th February 2005. On the 25th February 2005 we bought water for R50.00 to make sure that it lasted until the end of the funeral.
17. In our tradition, when the head of the house dies, relatives from far away come and mourn. A cow is slaughtered and food has to be prepared for these mourners. All these people, including friends and neighbours use water for bathing, cleaning, sanitation, washing all the deceased’s bedding and clothing items, food preparation, traditional beer and drinks, etc. At the end of the funeral, there was only R15.00 water left.
18. I feel that my rights to water and human dignity have been violated. Sometimes I share a bath with my niece and nephew to save water. This becomes even more inconvenient when I menstruate. During this time, I have to flush the toilet without having to at least wait for the second person to use it in order to save water. Otherwise I would feel very embarrassed should a male person (even my brother for that matter) use an unflushed toilet behind me.
D E P O N E N T
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 following 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: