SA water safety under scrutiny as officials face criminal complaints

From sick residents and mounting legal pressure in Tshwane to precautionary water warnings in Johannesburg and a gastrointestinal illness outbreak at Rhodes University, water safety is under the spotlight, with questions flowing faster than answers.

In Tshwane, reports of gastrointestinal illness among Bronkhorstspruit residents have prompted the Democratic Alliance (DA) and the Economic Freedom Fighters (EFF) to open separate criminal cases against Executive Mayor, Dr Nasiphi Moya, and City Manager, Johann Mettler.

The complaints have raised questions about accountability and the potential criminal liability of officials responsible for ensuring safe water supplies.

Meanwhile, Johannesburg Water has warned residents in parts of Bezuidenhout Valley against using their water until testing confirms it is safe, following repairs to a pipeline.

In the Eastern Cape, Rhodes University is working with public health authorities to establish the cause and extent of a gastrointestinal illness outbreak that has affected at least 111 students and staff. The cause of the outbreak has not been established, and no link to water contamination has been confirmed.

Governance and legal expert, Leo Maphosa, says municipal officials could face culpable homicide charges if evidence establishes that they had a legal duty to act, negligently failed to take reasonable steps and that this failure legally contributed to a death.

“That is a common-law offence, and a conviction would require proof beyond reasonable doubt. The key questions would include who was responsible, what they knew or reasonably should have known, and whether their failure contributed legally to the death,” Maphosa said.

He cautions, however, that securing a conviction would be challenging, as prosecutors would have to prove every element of the offence beyond reasonable doubt.

The DA laid its case at Pretoria Central Police Station, while the EFF approached Bronkhorstspruit Police Station.

The parties have cited alleged breaches of the National Water Act and the Water Services Act.

The EFF has also lodged complaints with the South African Human Rights Commission (SAHRC), calling for an investigation into possible human rights violations.

Meanwhile, the EFF and Freedom Front Plus (FFP) have lodged complaints of alleged maladministration with the Public Protector.

Speaking to Ynews, Maphosa says culpable homicide is not the only possible legal consequence.

Section 151(1)(i) of the National Water Act criminalises certain unlawful acts, whether intentional or negligent, that cause or are likely to cause pollution of a water resource, including failures to act where there is a legal duty to do so.

The municipality itself may also face criminal scrutiny.

Maphosa points to Section 332(1) of the Criminal Procedure Act, which provides for criminal liability to be attributed to a corporate body in qualifying circumstances through the conduct of its officials or employees.

However, he draws a distinction between prosecuting a municipality and holding an individual official criminally responsible. A job title, on its own, does not establish guilt.

“For Tshwane, the evidence would have to establish the source of the contamination and the conduct of those responsible before anyone could confidently say that charges should follow,” says Maphosa.

Meanwhile, the City of Tshwane says it is disinfecting water tankers to help ensure a safe water supply for Bronkhorstspruit residents.

The city reportedly supplied untreated water for nearly three weeks, while the contamination crisis has affected Bronkhorstspruit Town, Zithobeni, Ekangala, Rethabiseng, Ekandustria, Riamapark, Bester and Cultura, Masada Dark City, and Sokhulumi.

City spokesperson, Lindela Mashego, says water-use restrictions remain in place across all affected areas until the city officially confirms that the water is safe.

– Johannesburg Water issues precautionary warning –

In Johannesburg, the precautionary warning issued by Johannesburg Water follows repairs to a pipeline at the corner of 6th Street and 8th Avenue in Bezuidenhout Valley.

The utility says teams will continue flushing the pipeline, while water samples undergo laboratory testing to determine whether they meet the required quality standards.

Residents in the affected areas have been urged not to use the water until Johannesburg Water officially confirms that it is safe for consumption.

Johannesburg Water spokesperson, Nombuso Shabalala, has provided further details on the precautionary measures.

– Rhodes University investigates illness outbreak –

Separately, in the Eastern Cape, Rhodes University is working with public health authorities to establish the cause and extent of a gastrointestinal illness outbreak affecting its community.

The university reported at least 111 cases among students and staff on Tuesday, with similar illnesses also reported elsewhere in Makhanda. The cause of the outbreak has not been established in the information provided.

University media relations manager, Olwethu Gwanya, says cases are being monitored and medical support is being coordinated for those affected.

She has urged anyone experiencing severe symptoms to seek urgent medical attention.

As investigations continue across these incidents, the questions remain: what is making people sick, where does responsibility lie, and what must be done to ensure that the water flowing from our taps is safe?

#WaterSupplyUpdate: Region 7

Brokhortspruit Water Treatment Plant: Restoration work moves forward. https://t.co/8altjOCq9r

— City of Tshwane (@CityTshwane) October 22, 2026