Abstract

South African local government is failing to provide basic services. These services are important to realize many socio-economic rights. Municipalities often refer to their financial incapacity as an excuse for not delivering basic services. Minister of Water and Sanitation v Msukaligwa Local Municipality is an example of a judgment where the Municipality relied on its financial incapacity as a defence for not delivering water and sanitation services in accordance with national standards. The court rejected this defence. In terms of a structural interdict, the court ordered the Municipality to bring its service delivery in line with national standards under the relevant Minister’s supervision. This judgment is important for many reasons. This case note explores the contribution of this judgment to the law relating to financial incapacity as a justifiable defence for not delivering services where this impacts on the realization of socio-economic rights.