Transforming Constitutional imperatives into administrative practices: Failures in Public Administration and Legal Accountability in Rural Water Governance

Transforming Constitutional imperatives into administrative practices: Failures in Public Administration and Legal Accountability in Rural Water Governance

Lubabalo Mjadu & Bane Vuntu

Issue: Vol. 7 No.9 2026 Article 10 pp.2618 – 2628
DOI: https://doi.org/10.38159/ehass.20267910Published online 28th October 2026

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ABSTRACT

Section 27 of the Constitution of the Republic of South Africa, 1996 guarantees the right to sufficient water; however, rural populations still face widespread water insecurity. This article claims that persistent public administration failures block the constitutional right to water in rural South Africa, not a lack of legal foundation. The gap between constitutional responsibility and lived reality shows institutional inadequacies in the state’s water governance framework. The paper uses an interdisciplinary socio-legal and public administration approach to evaluate how administrative incompetence, fragmented intergovernmental connections, failing infrastructure, and poor accountability mechanisms hinder rural water service delivery. It questions the marginalisation of customary governing traditions in formal administrative systems despite constitutional legal plurality. The paper shows that constitutional rights cannot be meaningfully achieved without competent, responsive, and accountable administrative institutions, using transformative constitutionalism, vulnerability theory, legal pluralism, and public administration implementation theory. The paper found that administrative dysfunction has reduced rural South Africans’ access to water to a symbolic guarantee. Governance-oriented changes attempt to boost institutional capacity, accountability, and constitutional compliance in administrative practice. The paper contributes to socio-economic rights literature by reframing public management as the key to constitutional commitments.

Keywords: Constitutional Water Right, Governance, Public Administration, Administrative ability, Intergovernmental relations

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ABOUT AUTHOR(S)

Lubabalo Mjadu holds an LLB and a Master of Laws (LLM) cum laude from Walter Sisulu University, with a specialization in Public and Constitutional Law.

Bane Vuntu holds a Bachelor of Administration (B.Admin), a Bachelor of Administration Honours, and a Master of Public Administration (MPA). Both authors are currently advancing their studies at the doctoral level.

TO CITE ARTICLE

Mjadu, Lubabalo and Bane Vuntu. “Transforming Constitutional imperatives into administrative practices: Failures in Public Administration and Legal Accountability in Rural Water Governance.” E-Journal of Humanities, Arts and Social Sciences 7, no.9 (2026): 2618 – 2628. https://doi.org/10.38159/ehass.20267910