Introduction

The Constitution guarantees everyone the right to an environment that is not harmful to their health or well-being, and to have the environment protected for present and future generations. This right rests on a simple truth: human well‑being depends on a healthy environment.

Yet, the FW de Klerk Foundation’s latest Human Rights Report Card ranks the right to a healthy environment as the eighth most threatened right in South Africa.

Moderate, but Deteriorating

Although the report rated the degree to which South African’s enjoy this right in their daily lives as moderate, this enjoyment is unmistakably declining. Persistent governance failures and collapsing infrastructure are driving this decline.

One of the gravest concerns is the state of South Africa’s water and sanitation systems: WaterCan’s 2025 testing found unsafe drinking water in at least eight municipalities, with contamination linked to failing wastewater and sewage systems. Sources in Gauteng and KwaZulu‑Natal tested positive for coliform bacteria, which can cause diarrhoea, cholera and other serious illnesses.

Broken pipelines, leaking sewers and malfunctioning treatment worsened contamination. Authorities opened 79 criminal cases for water‑law breaches and one municipality was fined R650 million for years of raw sewage discharges into rivers and dams.

These failures endanger drinking water, damage ecosystems and put communities at serious health risk. When water treatment systems collapse, residents face exposure to serious health risks.

Environmental harm also affects livelihoods. Polluted rivers damage agriculture and fisheries. Degraded ecosystems weaken resilience to climate change and extreme weather conditions.

The Report Card notes that, in many cases, court action was necessary to force authorities to address environmental failures. For example, late last year the Pietermaritzburg High Court had to order eThekwini Municipality to address Durban’s ongoing sewage crisis. The case followed years of sewage spills, collapsing infrastructure and documented contamination of rivers and coastal waters. Despite earlier directives and undertakings, the municipality failed to fix the problem. Evidence before the Court showed persistent discharge of untreated effluent into the uMngeni River and surrounding marine environments, harming communities, public health and biodiversity. The Court ordered the municipality to take concrete, time‑bound steps to repair failing wastewater infrastructure, allocate sufficient resources and stop raw sewage from entering waterways.

This increasing reliance on court-driven enforcement reveals a deeper problem of environmental governance failing at the level of implementation. Laws and policies exist, but the institutions responsible for enforcing them frequently lack capacity, resources or accountability.

The Politics of Water

In February 2025, the South African Human Rights Commission (“SAHRC”) told Parliament that many municipalities were ignoring recommendations from prior water inquiries – effectively denying communities the right to clean, quality water. The SAHRC cited neglect and underinvestment in bulk and municipal infrastructure, high vacancies in technical units, poor maintenance, water losses and heavy debt in water authorities. It also warned of sabotage, vandalism and “water mafia” exploitation of tanker systems.

These failings reveal the extent to which political, governance and criminal factors now intersect in South Africa’s water crisis.

Conclusion

Protecting environmental rights is not simply about conservation. It is fundamentally about protecting people. When water systems collapse, families lose access to safe drinking water. When pollution spreads, public health deteriorates. When ecosystems degrade, the most vulnerable communities often pay the highest price.

Ensuring this right requires stronger municipal governance, better infrastructure management and consistent enforcement of environmental laws. Without urgent action, the deterioration of South Africa’s environment will continue to erode human well‑being.