Administrative failures and the Constitutional Right to access safe water in South Africa

Administrative failures and the Constitutional Right to access safe water in South Africa

Lubabalo Mjadu

Issue: Vol. 7 No.9 2026 Article 15 pp.2683 – 2692
DOI: https://doi.org/10.38159/ehass.20267915Published online 28th October 2026

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ABSTRACT

This study investigates the impact of administrative errors on the constitutional right to access clean and adequate water in South Africa. Despite the legislative framework guaranteeing this right, numerous people, particularly in rural and under-resourced regions, continue to suffer from inadequate water service delivery. The study seeks to evaluate the efficacy of current systems in upholding this right in practice. A doctrinal and sociolegal methodology is employed, using legislation, constitutional stipulations, and institutional practices for water governance. The results indicate that inadequate planning, insufficient maintenance, ineffective water quality control, and constrained administrative capability lead to persistent service delivery problems. Inadequate oversight, insufficient accountability, and minimal community engagement exacerbate the issues. The paper argues that these failings should be viewed as constitutional issues rather than mere administrative challenges. The report advocates for the enhancement of rules and regulations to explicitly delineate roles, fortification of oversight and accountability mechanisms, and the augmentation of institutional capacity via improved training and resource allocation. It also underscores the necessity for enhanced community engagement. This study enhances academic discourse by demonstrating that deficiencies in water service delivery constitute not only governance challenges but also infringements of constitutional rights, while emphasising the necessity for improved alignment of administrative systems with constitutional principles.

Keywords: Right to water, Water service delivery, Governance and accountability, Substantive equality, South Africa.

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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.

TO CITE ARTICLE

Mjadu, Lubabalo. “Administrative failures and the Constitutional Right to access safe water in South Africa.” E-Journal of Humanities, Arts and Social Sciences 7, no.9 (2026): 2683 – 2692. https://doi.org/10.38159/ehass.20267915