IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
CASE NO. 40/08
In the matter between:
MOUTSE DEMARCATION FORUM AND 15 OTHERS
Applicants
and
PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA AND 17 OTHERS
Respondents
SUPPORTING AFFIDAVIT
I, the undersigned
BRIAN EZEKIEL MPHOSHO MASENYA
do hereby make oath and state that:
1. I am the Director: Technical Services in Sekhukhune District Municipality.
2. All the facts stated herein are, unless the context indicates otherwise, within my own personal knowledge and are to the best of my belief both true and correct.
3. I have read the affidavit deposed to by Phuti Christopher Rammutla and confirm the contents thereof insofar as they relate to me.
4. We are responsible for the supply of water services to the Moutse 1 and 3 areas.
5. Moutse 1 and 3 has a history of insufficient water supply and poor infrastructure which dates back prior to 1994.
6. When Moutse 1 and 3 were transferred to Limpopo province majority of the areas had inadequate supply. Due to intense maintenance programs initiated by Sekhukhune District municipality water supply in Moutse has now increased from 55% to 75% and the water reticulation network has also been increased with the construction of a water reticulation network at Magakadimeng (project value in R1,9 million).
7. Contrary to what is stated in the applicants’ founding affidavit, the areas listed currently receive an adequate water supply. The areas in Moutse 3 are:
7.1. Elandsdoorn 7.2. Slovo 7.3. Sempupuru 7.4. Five Morgen 7.5. Ngolovane
7.6. Ngolovane (New Stand) 7.7. Ramaphosa
7.8. Moteti
7.9. Taiwan 7.10. Lusaka 7.11. Mmotwaneng 7.12. Uitspanning 7.13. Kgapamadi
7.14. Waalkraal (Poor supply)
8. The areas in Moutse 1 are:
8.1. Mamaneng 8.2. Rathoke 8.3. Zamekomst 8.4. Toitskraal 8.5. Metsana 8.6. Uitflugt 8.7. Driefontein 8.8. Tsikanosi 8.9. Spitspunt 8.10. Malibitsa
9. The areas that receive water supply through tankers are:
9.1. Moutse 3:
9.1.1. Ten Morgen (which has insufficient supply which is augmented with water tankers);
9.1.2. Waalkraal (which has insufficient supply which is augmented with water tankers);
9.1.3. Marapong;
9.1.4. Ntwane Area.
9.2. Moutse 1:
9.2.1. Malibitsa (which has insufficient supply which is augmented with water tankers);
9.2.2. Rathoke (which has insufficient supply which is augmented with water tankers);
9.2.3. Klopper.
10. Water is trucked in to areas in response to requests by the communities. The frequency of delivery varies from area to area depending on the needs and demands of the communities involved. On average water is trucked in once or twice a week.
11. The trucks fill water from the main bulk water supply lines. The water is therefore clean and drinkable.
12. One of the major difficulties affecting the supply of water services to the area is the shortage of bulk water supply. Bulk water is obtained from the Weltevreden Water Treatment Works in Dr J S Moroka Municipality.
13. The Weltevreden water treatment works supplies two command reservoirs, one at Moteti (for Moutse 3) and one at Bloedfontein (for Moutse 1). This treatment works also supplies Thembisile municipality. The reservoir referred to in the applicants’ founding affidavit is supplying water to Siyabuswa (Dr JS Moroka
municipality) hence Waalkraal RDP settlement and Kgapamadi are also sufficiently benefiting from this reservoir.
14. There is not enough water in the Weltevreden water treatment works to supply the entire area of Moutse. Furthermore the water demand management plan is not being implemented by Dr J S Moroka Municipality. For this reason the Sekhukhune District Municipality cannot continue to rely on that treatment works and has undertaken the construction of its own water treatment works.
15. Sekhukhune Disrict Municipality has also applied to Department of Water Affairs and Environment (“DWAE”) to construct a dedicated regional water treatment works which will be mainly for Moutse 1 and 3. This licence was obtained last month. The planning and design process for this treatment works has already commenced.
16. The new treatment works will source water from the Loskop Dam.
17. Sekhukhune District Municipality has made R3 million rand available in the current financial year for the planning of this treatment works. Construction tenders should be published between April and May 2010. This project may require a budget allocation of more than R100 million.
18. The applicants state correctly in their founding affidavit that, in 2005, R10 million was allocated by the Premier of Mpumalanga for the upgrade of water
reticulations system, however there is a design shortcoming at Elansdoorn. The Sekhukhune District Municipality allocated R2 million for the construction of a water storage sump to enable the Ntwane, Thakakhubidu and Marapong to receive an adequate water supply. This project will be implemented in the current financial year.
19. However, our Operations and Maintenance department of the Sekhukhune District Municipality is embarking on a refurbishment program of boreholes in the area as a temporary measure for water supply.
20. Elandsoorn and the adjacent area of Tambo as well as the areas mentioned in paragraphs 7 and 8 above have always had an adequate water supply.
_______________________
DEPONENT
THUS DONE AND SIGNED BEFORE ME AT SANDTON ON THIS THE DAY OF JULY 2009, THE DEPONENT HAVING ACKNOWLEDGED THAT HE/SHE KNOWS AND UNDERSTANDS THE CONTENTS OF THIS DECLARATION AND CONSIDERS IT BINDING ON HIS/HER CONSCIENCE, THE REGULATIONS CONTAINED IN GOVERNMENT NOTICE NUMBER R1258 OF 21 JULY 1972, AS AMENDED, AND GOVERNMENT NOTICE NO R1648 OF 19 AUGUST 1977, AS AMENDED, HAVING BEEN COMPLIED WITH.
_______________________
COMMISSIONER OF OATHS
