As basic infrastructure in many rural towns continues to deteriorate, ordinary, law-abiding and tax-paying citizens are increasingly being forced to approach the courts to compel municipalities to deliver services guaranteed to them under the South African Constitution. Another example once again comes from Musina, where a formal Notice of Motion has been filed in the High Court of South Africa, Limpopo Division, Polokwane, seeking to compel the Musina Local Municipality (1st Respondent) and the Vhembe District Municipality (2nd Respondent) to address the collapse of essential services, including water supply, road maintenance, and sewerage systems.
The application, lodged by businessman and Musina resident Albertus Jacobus Kotze, alleges that both municipalities have failed in their statutory obligations, resulting in a crisis posing serious risks to health, the environment, and public safety. The legal action (Case No: 2025-204654), filed electronically on 30 October 2025, follows repeated but unanswered legal representations detailing the town's worsening conditions.
Three Pillars of Collapse
The founding affidavit identifies three critical areas where municipal neglect is said to have violated residents' constitutional rights to clean water, safe roads, and a functional waste-management system.
Water contamination and shortages
The town's water infrastructure, sourced mainly from the Limpopo River about 10 kilometres away, is described as being in a state of severe neglect. The application claims the water-treatment plant has been non-operational for several years and is being bypassed, resulting in untreated water's being pumped directly to residents. This exposes the community to contamination and serious health risks. Ageing, leaking pipelines have further reduced the amount of water reaching homes, leading to frequent water outages—some lasting more than a week. Many residents have resorted to drilling boreholes or buying water at their own expense, which the applicant argues violates their constitutional right to clean and sufficient water (Section 27).
A non-functional sewerage system
The waste-water management system is reportedly in total disrepair. The sewage-treatment plant is said to be non-functional, allowing raw sewage to flow directly into the Limpopo River—the same river used for the town's water supply. The primary pipeline transporting waste from Musina's western side has allegedly been broken for years, causing human waste to spill into the environment, creating serious ecological and health hazards.
Decades of deteriorating roads
The affidavit also states that Musina's roads have been crumbling for more than a decade, with potholes posing constant danger to motorists and damaging vehicles. Kotze, who works in construction, estimates that nearly 80% of the roads in Musina require a complete overhaul, as "simply patching the roads will no longer suffice." Roads cited include Harold Grenfell Street, Van Zyl Street, Louis Trichardt Street, Campbell Street, Davies Avenue, and several in the Knoppiesdoring and Rooibos extensions.
Relief demanded
The applicant seeks a court order declaring the municipalities' failure to provide adequate services—and their failure to respond to correspondence—as procedurally unfair and unlawful. He asks the court to compel the municipalities to:
* Restore a regular, safe and sufficient water supply to Musina;
* Repair and maintain municipal roads to a safe and usable condition;
* Repair, maintain and properly operate the municipal sewerage plant to prevent health and environmental hazards; and
* File a written plan within 30 days of the court order, detailing the steps, timelines, and budget allocations for the required repairs.
Kotze has declined mediation under Rule 41A, stating that it would be inappropriate, given the gravity of the matter. The case will now proceed to a hearing before the Honourable Court.
Another legal battle over sewage pollution
This case follows shortly after another Musina-related matter, in which H Schoeman Investments CC secured a settlement with the Vhembe District Municipality in the Polokwane High Court. The case involved years of untreated sewage from a faulty municipal pipeline and plant contaminating the company's lucerne fields and a river on its Uitenpas property. Under the court-endorsed settlement, the VDM agreed to repair and maintain the infrastructure by November 2025, provide monthly progress reports, and pay the applicant's legal costs.
Both legal actions were instituted by Musina-based Erwee Incorporated Attorneys. On Monday, Mr Hennie Erwee confirmed that the Notice of Motion had been served on both municipalities by the Sheriff of the Court. "We have heard nothing back from the municipalities," Erwee said.
The spokespersons for both the Musina Municipality and the Vhembe District Municipality were contacted for comment. Both acknowledged receipt but indicated that the issue needed to be referred to their legal department for comment. At the time of going to press, no response had been received.