Activists and organisations in South Africa, namely Freeedom of Expression
Institute, Ebrahim Harvey ( a researcher at Wits and an activist), the South
African History Archive, SEATINI and the Anti-Privatisation Forum along with
others, are instituting action in court against Johannesburg Water regarding
access to information on water services. The purpose of the case is to
ensure that citizens have adequate and appropriate access to information
regarding the provision of water to the citizens of Johannesburg.
Johannesburg Water has been unreasonably evasive in complying with requests
for information. Citizens are entitled to information in terms of the
Constitution of South Africa and the Promotion of Access to Information
statute.

Since water is a basic service necessary for life, this coalition of
interested parties has taken on this matter to build the institutional
capability of the law to address basic needs. While we recognise that access
to information about water is not sufficient to ensure that people have
access to water, it is necessary to create enabling conditions that promote
citizen activism and that promote the justiciability of socio-economic
rights.

Suez is contracted, through a complex arrangement, by Johannesburg Water to
provide management services. There has been global discontent with Suez's
alleged role in the privatisation of services and in their actual management
capabilities to support equitable water provision policies. Accordingly we
need evidence that is competent in South African courts that supports the
contention that Suez is not an appropriate "partner" for Johannesburg Water
and that its (Suez's) practices in other parts of the world require a high
degree of circumspection. This will enhance our normal constitutional claims
for access to information since Suez may require greater scrutiny than would
otherwise be required. We require documents and people capable of giving
first hand evidence on Suez's conduct. At present we are stretched for
resources and would be pleased to engage with colleagues who have such
evidence before any costs are incurred.

The current case is the first in a series of actions against the state
challenging the motivations behind the privatisation of services and whether
this policy can address the needs of the black people of South Africa. There
are other interesting dimensions to the case which will be brought to light
in future actions like the transparency and protection of third party rights
under the WTO's General Agreement on Trade in Services (GATS).

Kindly provide any information or leads you may have to any of the following
persons as soon as possible:

Ebrahim Harvey: [email protected]

Jane Duncan (FXI) [email protected]

Rolf Karl Sorensen (SAHA) [email protected]

Should you require any further information please do not hesitate to contact
any of the above persons. Please could you pass this request through your
networks. Further information on the matter can be found on the Mail and
Guardian (South Africa) website at www.mg.co.za