As floodwaters rise and infrastructure crumbles, residents across South Africa are looking to the courts for justice, holding the state accountable for decades of neglect and paving the way for a safer, more resilient future.
Residents across South Africa face chronic infrastructure failures. Flooding, exposed sewer lines, collapsing riverbanks and stormwater mismanagement are increasingly common. When residents approach their local municipality for help and are met with nothing more than buck-passing between government departments, what can they do?
Can they obtain a court order compelling the state to act? And if so, which state entity is responsible? These questions were considered first by the Supreme Court of Appeal (SCA) in a judgment delivered on March 22, and then on remittal by the High Court in a judgment delivered on May 29.
The Featherbrooke Estate Case
Featherbrooke Country Estate is a residential complex situated in the Mogale City Local Municipality in the western part of Gauteng. The Muldersdrift se Loop River traverses through the Estate and ends in the Hartbeespoort Dam. What was historically a manageable stream became a torrent after heavy rains due to increased urban development, hard surfaces, climate change and inadequate stormwater management by the relevant municipalities.
