Page 13 - Notes from LRC's Housing Conference
P. 13

  3.
3.1.
•
• •
3.2.
a)
ACCESS TO BASIC SERVICES
What are Basic Services?
The government (national, provincial and local) has the duty to provide access to basic services: water, electricity, sanitation, and waste management.
Access to basic services is linked to the right to human dignity, right to equity, right to healthcare and food.
Section 152 of the Constitution ensures that there is the provision of basic services and promotes a safe and healthy environment.
Pieces of legislation that are important
Constitution
• Everyone has a right to access to sufficient water supply.
• There is an obligation on the Legislature to take reasonable legislative steps within its available resources to realise this right.
• It is a progressive realisation of rights. The obligation is on the state to plan, budget and ensure that people experiencing a crisis receive assistance.
• Part B, Schedule 2 of the Constitution stipulates that the municipality is primarily responsible for the provision of water supply for the people in their jurisdiction.
Water Services Act – Sections 3 and 11
Sub-section 3
• Municipalities must develop a plan for measures to realise the right to water and sanitation.
• Municipalities must set out in the development plan how they will carry out the provision of water services. Paralegals can then check whether a community is budgeted for.
Section 11:1
• The Water Services Authority has the duty in their jurisdiction to progressively ensure efficient, affordable, economical and sustainable access to water services. These services should not affect the environment.
Regulations to Compulsory National Standards and Measures to Conserve Water
Determine a minimum standard that water supply must comply with in municipal areas.
    b)
 c)
 SUMMARY NOTES FROM THE HOUSING CONFERENCE
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