EFF MP Omphile Maotwe has filed a sworn affidavit asking the South African Police Service to investigate Tshwane Executive Mayor Dr Nasiphi Moya and City Manager Johann Mettler over the Bronkhorstspruit water crisis.
In the affidavit, Maotwe alleges the Bronkhorstspruit Water Treatment Works supplied unchlorinated water for about three weeks, between 24 September and 14 October 2026, exposing residents to serious health risks.
“This is a criminal complaint for the South African Police Service to investigate conduct that may amount to criminality by Dr Nasiphi Moya, the Executive Mayor of the City of Tshwane, and Mr Johann Mettler, the City Manager of the City of Tshwane,” Maotwe states in the affidavit.
The affidavit alleges the City failed to chlorinate the water during that period and failed to warn residents that it was unsafe for drinking, cooking, washing or bathing.
It further states that health authorities detected 408 cases of gastrointestinal infections linked to the crisis, most of them among children under the age of four.
Maotwe argues that as accounting and political heads of the municipality, both officials bear ultimate responsibility for the conduct of the City and its agents.
“Dr Moya and Mr Mettler are ultimately liable for the offences committed by the City of Tshwane or its agents in the crisis faced by the people of Bronkhorstspruit,” the affidavit states.
The affidavit cites findings attributed to an investigation by the Department of Water and Sanitation that the City had failed to chlorinate and failed to issue a timely warning to the community.
It also raises constitutional and statutory obligations, pointing to Section 27(1)(b) of the Constitution which guarantees everyone the right to have access to sufficient water, and Section 82(3) of the Water Services Act which deals with liability of employers and employees.
Maotwe has asked SAPS to investigate the conduct set out in the affidavit and to refer the matter to the National Prosecuting Authority for a decision on prosecution.
“I request the South African Police Service to investigate the conduct described above, and to refer the matter for prosecution to the National Prosecuting Authority,” she states in the affidavit.
The City of Tshwane on Monday admitted it failed to specifically warn residents supplied by the Bronkhorstspruit Water Treatment Works that their water was not being chlorinated, as health authorities probe 408 cases of gastrointestinal illness.
Water and Sanitation Minister Pemmy Majodina said the plant distributed unchlorinated water between 24 September and 14 October due to problems with its chlorine supplier.
“The City of Tshwane experienced difficulties with its chlorine supplier which resulted in water emanating from the Bronkhorstspruit Water Treatment Works not being chlorinated between 24 September and 14 October,” Majodina said.
According to authorities, 408 cases of gastrointestinal illness were recorded between 7 and 18 October, with children under four the worst affected. No fatalities had been reported. Daily cases peaked at 72 on 13 October, dropping to 16 by 18 October.
Patients presented with stomach cramps and diarrhoea. Bronkhorstspruit Hospital set up an isolation area and additional beds, with contingency plans to refer patients elsewhere if the facility became overwhelmed.
Moya conceded the communication failure.
“We take responsibility for the negligence because it was during that time that then we ran out of chlorine at Bronkhorstspruit,” Moya said.
