The right to basic services in informal settlements: Notes on Harry Gwala High Court hearing 12 December 2008
Harry Gwala is an informal settlement of some 800 households occupying mainly municipal land adjacent to Wattville in Ekurhuleni. Currently it has no refuse removal, no lighting, only inadequate home-made pit latrines as toilets, and only 6 communal taps.
In October 2008, Harry Gwala applied, through the High Court, for installation of basic services. For every household in the settlement to be in a 200m radius of a communal tap, as set out in the Water Services Act, an additional 7 taps are needed in this settlement. The same Act requires one toilet per informal household. This could be ventilated improved pit (VIP) latrines or chemical toilets. Further, refuse collection is required for reasons of health and hygiene, and high mast lighting for basic safety and night-time access for emergency vehicles. Harry Gwala’s legal representatives, Moray Hathorn of Webber Wentzel and Advocate Roshnee Mansingh of Maisels Chambers, argue that the current situation at Harry Gwala is unconstitutional. They set out a three-fold application based on constitutional rights, statutory rights (as set out in the Water Services Act) and policy (Chapters 12 and 13 of the Housing Code).



