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Spawning Economic Development through Enforcement of Justiciable Human Right to Water in South Africa


DD Tewari

Abstract

In recent years, the human rights based approach to development has become a global phenomenon after the World Summit of 2005 when the members of United Nations resolved to integrate the promotion and protection of human rights into national polices. South Africa as a signatory to the above adopted this approach. The rights approach has been used in the water sector among others. In that sector, the main policy instrument of action and used by the state is to develop the underdeveloped water sector of the economy. South Africa has adopted a two sector price policy toward water—a zero price or free basic water delivered to indigent citizens and the other market-based price to citizens endowed with purchasing power. The human rightsbased approach to economic development is purveyed through constitutional provisioning of human rights to water for the economically poor citizens of the country; as a result, the human right to water has become a justiciable activity in the country. The achievements of South Africa in this respect are laudable, for more than 85 per cent population is receiving the free basic water.

Key Words: Human Rights, Property Rights, Contractual Rights, Justiciable, South Africa, Free Basic Water


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eISSN: 0855-6768
print ISSN: 0855-6768