Page 18 - Notes from LRC's Housing Conference

4.2. Zabalaza Mshengu
The LRC represented Mr Zabalaza Mshengu as the first applicant and other farm dwellers and labour tenants, including Association for Rural Advancement Land Rights Advocacy (AFRA) as an institutional client. The purpose of the application was to interpret whether municipalities are obliged to ensure that the farm occupiers and labour tenants are provided with access to basic services.
The main respondents were three municipalities: uMsunduzi, uMshwathi and uMgungudlovu.
4.2.1. Strategy used in the Mshengu case:
a) Media
b) Meetings
c) Pickets by clients
d) Workshops
e) Clients were transported to Johannesburg to attend the hearing
f) Litigation
4.2.2. Legislation relied on:
• Constitution s 27 (1) (b) and s 27 (2)
• Water Services Act – ss 3 (1) and (2)
• Water Services Regulations (Regulations Relating to Compulsory National Standards and Measures to Conserve Water) – Standards for toilets and the minimum supply of water per household.
• Municipal Systems Act
4.2.3. Judgement
• Declaration that the Municipalities’ conduct is inconsistent with the Constitution.
• Directed to provide farm occupiers with access to water, sanitation, and refuse removal.
• Ordered municipalities to file a report and action plan. The report must identify all the farm occupiers in their area and indicate whether they have access to services, the quality and quantity of the services and the distance to access the services.
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SUMMARY NOTES FROM THE HOUSING CONFERENCE