REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA Case law 305. Notable cases which relate to the right to access to water include Mazibuko v City of Johannesburg.180 In this case the applicants sought to challenge, among others, the introduction of a quantified provision of kiloliters of water per family per month and also the introduction of prepaid meters in Phiri Township in Soweto. The Court upheld the policy of introducing prepaid meters as well as the setting of an allowance of free water by the City of Johannesburg. The Constitutional Court acknowledged is that most of the problems that the poor of South Africa face, in relation to accessing water, are intimately related to the skewed policies that apartheid implemented. Government thus faces the monumental task of reversing the effects of apartheid in almost all spheres of life. 306. In Nokotyana v Ekurhuleni Metropolitan Municipality181 the applicants relied on sections 27 and 26 of the Constitution, the Water Services Act and the decision in Mazibuko to enforce their right to basic sanitation. In the Gauteng High Court in the matter of Federation for Sustainable Environment v Minister of Water Affairs182 the court considered the contaminated water supply in Silobela and Carolina communities which is contaminated by acid mine water to an extent that it is not healthy for both human and animal consumption. The court ordered the municipality to engage actively and meaningfully with the applicant and the community regarding the steps to be taken to ensure potable water can once again be supplied through the water supply. In Beja v Premier of the Western Cape183 the City of Cape Town was ordered to enclose 1000 toilets in Makhaza, Khayelitsha after the court held that the City has violated the dignity of residents. The right to food 307. The right to food is protected in three different articles of the Constitution. Very often the focus is mainly on section 27, as this is the principal provision which entrenches everyone's right to have access to sufficient food and water. But it is equally important to note the provisions of section 28(1)(c) which states that every child has the right to basic nutrition and section 35(2)(e) which provides that everyone who is detained, including every sentenced prisoner, has the right to conditions of detention that are consistent with human dignity including the provision, at state expense, of adequate nutrition. 308. Household access to food has improved since 2002, but has remained static since 2011. The Household Food Insecurity Access Scale which is aimed at determining households’ access to food showed that the percentage of South African households with inadequate or severely inadequate access to food decreased from 23,9% in 2010 to 23,1% in 2013. During this time, the percentage of individuals that were at risk decreased from 28,6% to 180 (2009) ZACC 28 2010 (4) BCLR 312 (CC) 182 (35672/12) [2012] ZAGPPHC 128 (10 July 2012) 183 (10) BCLR 1077 (WCC) 181 89

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