The human right to water in South Africa and the Mazibuko decisions

Humby, T. and Grandbois, Maryse (2010) The human right to water in South Africa and the Mazibuko decisions. Les Cahiers de droit, 51 (3-4). pp. 521-540. ISSN 0007-974X

PDF - Published Version Restricted to Repository staff only Download (330kB)

Abstract

The right of access to sufficient water in the South African Constitution has for long been regarded as progressive in a global context where the human right to water is still a subject of contention. In its recent decision handed down in the Mazibuko matter, the South African Constitutional Court interpreted the right of access to sufficient water for the first time and clarified the nature of the State’s obligations which flow from this right. It also commented upon the role of the courts in adjudicating the human right to water. This article describes the passage of the Mazibuko matter and the manner in which the lower courts interpreted the right of access to “sufficient water” as well as outlining the Constitutional Court’s decision in the context of access to water services provision in South Africa.

Item Type:	Journal Article
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Arts, Law and Education (FALE) > School of Law
Depositing User:	Ms Shalni Sanjana
Date Deposited:	14 Jun 2010 05:15
Last Modified:	22 Dec 2014 02:55
URI:	http://repository.usp.ac.fj/id/eprint/4632

UNSPECIFIED

Actions (login required)

View Item