Submitted to the Secretary of the Magistrates at the Cape Town Magistrates Court on 30th January 2018. And then Submitted to the Minister of Water and Sanitation on 8th February 2018 and she replied that she has received it on 9th February 2018.
Preemptory Mandamus submitted by David Harold : LIPSCHITZ
ID Number: xxxxxxxxxxxxx
“a people” and Citizen of xx Mimosa Street, Milnerton, 7441, Cape Town, South Africa
And a Citizen of the Republic of South Africa
Respondent
The Minister of Water and Sanitation, Honourable Nomvula Mokonyane
Department of Water and Sanitation
120 Plein Street, 15th Floor, Room 1518, Cape Town
Private Bag X313, Pretoria, 0001, South Africa
Phone: 021 464 1500
on 8th February 2018
To Registrar of the Constitutional Court of the
Republic of South Africa
demanding that the Constitutional Court commands the
Water and Sanitation Minister to Perform her Duties
Under the Constitution and under the Water Act of 1998
Note that David Harold : LIPSCHITZ deregistered as a
voter on 4th July 2016, and in terms of the Constitution of South
Africa, he can now represent himself in Parliament.
Table of Contents:
Page 1: Applicant and Respondents
Page 2: Header Page
Page 3: Table of Contents
Page 4: Chapter 1: Interpretation and Fundamental Principles
Page 8: Chapter 2: Introduction to The Preemptory Mandamus
Page 17: Chapter 3: The Preemptory Mandamus
Page 18: Chapter 4: Project Timetable of David
Harold : LIPSCHITZ, to avoid Day Zero, now and in the future
Chapter 1: Interpretation and
Fundamental Principles
This chapter sets out the fundamental and guiding
principles and nomenclature (jargon (word meanings)) of this Mandamus:
-
The State: “is a nation or territory considered as an organised
political community, under one government”[1].
Therefore, when it comes to something like water, different political parties
cannot fight with (and blame) each other and must work for the common good.
-
Destitute: a person who cannot look after them self, and who does not
pay tax, and who might be receiving a grant, or living on the street
-
Poor: a person who does not pay tax, but who is not destitute. Many
people live on farms and small holdings, for example in the Eastern Cape. They
are off the grids, and they provide for their own needs. They are not
destitute. They have water and food, and perhaps they don’t have electricity or
internet access. They should immediately be given electricity and internet
access as then those of their colleagues in the Western Cape who are in this
area because of access to services, can immediately leave and return home.
-
Rich: any tax payer, or anyone who has the injustice of having to
install their own electricity or water or food provision infrastructure,
because The State cannot provide it.
-
Contributor: We use the word Contributor instead of Employee or User
-
Citizen: someone who has rights and responsibilities and who accepts the
South African Constitution as the Supreme Law of the land. A rich person can
contribute by paying tax, by paying for infrastructure, by employing people, by
building businesses and factories and mines. A poor person can contribute by
learning consciously, obeying the rules of the road, keeping healthy, and by
doing their work to the best of their ability.
-
Grid: A “grid” transports something. Examples of grids include: the
water pipeline grid; the electricity transmission and distribution grid; the
road transport grid; the rail transport grid; their “airways” grid, where
aircraft fly in controlled airspace; the telephone grid; etc.
-
SOE: State Owned Enterprise. This can be a monopoly or part of an
oligopoly. An SOE is 100% owned by the Government, and the Government
represents the Citizens of South Africa. If an SOE is failing for whatever
reason, then it is the Government, as “freely elected representatives” of the
people, which is failing. And therefore, the Government has failed. Failures
include Electricity Infrastructure, Eskom, Medupi and Kusile, Water
Infrastructure, Mail and Internet Infrastructure at the Post Office and Telkom,
Rail Infrastructure at PRASA, Road Infrastructure and the need to Tolls on
Roads, something that The People have said that they do not want, Air Transport
Infrastructure, SAA, etc. When these failures are viewed as a whole, one can
see that the State had failed and therefore the phrase “Failed State” can be
used. But all is not lost, as Dr Gregg Mills points out in his book “Why Africa
is Poor and What we can do about it”
-
Performance Failure: the failure of someone to perform their function or
duty
-
Government: we use this word to include Parliament, any part of “Government”,
and any elected representative. We do not separate political parties. If one
party has National Power and another party has Provincial or Municipality or
City or Township (Suburb) Power, then we expect, as a people, and as citizens
with rights and responsibilities, for our Government to expedite their mandate
and provide the services that they are obliged to provide, without them blaming
each other for performance failure.
-
Retail Wheeling: allowing a supplier and a customer to use a grid that
is owned by the people and is which is usually held inside an SOE
-
Sanitation (as in Water and Sanitation Minister) implies that when one
has cleaned up, one will become Sane.
Chapter 2: The Preemptory
Mandamus
The time for carrying out “normal due process” is
over. Planning committees cannot do anything anymore. Action must be taken and
it must be taken forthwith.
This Active Citizen has tried for over 20 years to
communicate with The State about the state of water, electricity, housing, and
other problems in the Democratic State of South Africa, and he has failed. With
approximately two months until 4 million people run out of water provided by
the Western Cape’s Dams, the time has come for this Active Citizen to exercise
his rights as a Citizen to declare a Preemptory Mandamus commanding the Constitutional
Court to command the Minister of Water and Sanitation to Perform her
Responsibility as a Minister, under Oath to God, to Perform her Duty and
Function, and if she cannot provide the Water that the Western Cape needs by
Friday 9th February 2018, then this Citizen will exercise his rights
under the Constitution to defend his country and its people.
The South African government, known as The State,
which is the agent of and which represents the will of “a people” has a
fiduciary responsibility to carry out its mandate, as given to it by a people,
to provide adequate water to its citizens.
Section 27 of the Constitution of the Republic of South
Africa, Act 108 of 1996, gives its Citizens the right to “sufficient food and
water” and “the State must take reasonable legislative and other measures to
achieve the progressive realization of this right”.
How can a State that runs out of water have provided
for water? And a famine will follow a state of running out of water, so how
will the State have achieved its mandate of providing “sufficient food”? Has
Section 184 been implemented? Has the State’s Oversight Committee, called the
SAHRC, the South African Human Rights Commission, been given the reports
concerning water and the realization of the Right given to the South African
Citizen in Section 27?
And the Constitution says that the Republic has a
responsibility to “improve the life of all citizens and free the potential of
each person”. Section 1 defines “Republic” as a people, “one, sovereign,
democratic, and a State.”
“In a republic, a
constitution or charter of rights protects certain inalienable rights that
cannot be taken away by the government, even if it has been elected by a
majority of voters. In a ‘pure democracy,’ the majority is not restrained in
this way and can impose its will on the minority.”[2]
This Republic has failed in its duty to provide water
as an inalienable right and so Cape Town’s four million inhabitants face the
Existential Threat of running out of water by early April 2018, approximately
two months away.
Section 1 has Human Dignity as its primary objective.
How can the Republic achieve Human Dignity if it runs out of water?
Section 3 gives Citizens equal rights, privileges and
benefits; and subjects citizens to duties and responsibilities. The “rich” are
fulfilling their mandate, but are not receiving the same rights as the poor in
terms of this Section. The poor are better off than the rich were 100 years
ago. 100 years ago, very few people had a hand-held device that they could use
to talk to anywhere in the world free of charge; very few people had access to
the entire word’s library; very few people had access to running water; very
few people had access to water borne sewerage; very few people had access to
electricity. And yet, in 2018, the so-called poor have all these things, plus
subsidized transport, free education and health services, and so much more, and
yet this government still wants to steal more from the rich to give it to the
poor. This state of Blame and Entitlement has lead to all kinds of health
risks, and it is a cancer in our society.
But the State has Failed in its Fiduciary Duty to help
its Citizens achieve these rights. Many people are still without electricity. Many
people and companies with electricity would like substantially more
electricity. Many people are without water. Water violence is already taking
place in the Western Cape with scuffles over water, water being stolen, water
containers being stolen. And this is all happening before the taps are switched
off. Imagine 4 million Capetonians without water. Cape Town would quickly
descend into Civil War. And with the state of terrorism in the world, this
Civil War will attract radical elements from far and wide, the potential for
all out Hot War, which could escalate into a Global War cannot be ruled out.
Section 7 of the Constitution says that “The state
must respect, protect, promote and fulfil the rights in the Bill of Rights.”
The state has failed in this mandate.
The government, in the National Water Act Number 36 of
1998 took a shared responsibility for water provision before this act away from
The People Together With The State and put it 100% in the hands of The State
and in, Chapter 1, Section 3, the Act says that the State is a Trustee of the
Nation’s Water Resources, and that the water must be Managed in a Sustainable
Manner and Developed for the benefit of All Persons. Why has the State been
allowed to let Water Infrastructure in many parts of South Africa deteriorate
to the point that it is in now?
The reason that The State took control of the
Republic’s water is because of “discriminatory laws and practices of the past
which prevented equal access to water”. 20 years later, the Republic is running
out of water and The City of Cape Town is globally thought to be the first
modern City to run out of water. The City of Cape Town’s current prediction is
the Day Zero (DZ), the Day we run out of dam water, is April 12th
2018. Note that within two months, the City changed the date from 20th
May 2018 (set on 1st December 2017) to 21st April 2018
(set in early January 2018) and currently it sits on 12th April 2018
(set on 22nd January 2018). For the City to so dramatically get this
date wrong, and to have to change it twice in a two-month period, shows that
this City has lost its edge and that it must now activate people like Dr
Anthony Turton and the many Active Citizens in South Africa to come and “Save”
Cape Town and the Western Cape.
The Premier of the Western Cape must be instructed to
forthwith institute a State of Emergency. This State of Emergency does not need
to be national. A State of Emergency will immediately activate numerous
countries which have tactical response teams which will immediately be deployed
to the Western Cape to help with Water Provision, Defense Provision, Guarding
Water Sources, Helping the Aged and Infirm, and generally to provide a support
service to our Premier or if she is unable to exercise her Oath of office, then
this Active Citizen who now has to perform his Civic Duty to defend his Mother
Earth and Country.
And our Constitutional allowance of 6 kl of free water
per household per month has been removed from us. Poor people still get this
allowance, but “rich” people (taxpayers), do not get this allowance. But poor
people don’t get this allowance because they are poor. They get it because the Constitution
mandates it. And therefore the Constitution mandates it for all citizens,
“rich” and poor.
Furthermore, when our dams including Theewaterskloof,
and the Berg River dam were built, the farmers and the downstream peoples were
given inalienable rights to the water they were receiving before the dam was
built, and hence why the sluices must remain open. The farmers and other water
users in the Berg River Dam area are already fighting government because they
are receiving less water than was mandated to them when the Berg River Dam was
built.
Furthermore, there are people and government agencies
that wish to cut off the water flowing to the farms. Farmers pruned their trees
for the growing season, then let them flower in preparation for fruiting, but
after flowering the farmers deliberately cut off the flowers and repruned their
trees. The farmers know about droughts. They are prepared for them, and as part
of their preparation, they know that if they keep their trees bare, and with
minimal water (as now), then the trees will survive and give fruit when the
waters return. If the farmers are greedy and let the trees bear fruit in a
drought, the trees will die. If the government closes the sluices of the dams
that provide the water for these trees, then the trees will die. If the trees
die, then Western Cape Agriculture will experience a catastrophe and disaster
of unimaginable intensity with potentially decades without fruit whilst trees
are replanted from scratch, allowed to grow and then bear fruit. During this
time, most workers working on these farms will lose their jobs. And it is
likely that most farmers will “lose everything (especially financially)” and
many will commit suicide, as has happened in droughts and famines in other
parts of the world and at other times in history.
We, a people, hereby affirm our rights under the
Constitution to represent ourselves in Parliament, without needing to appoint “elected
representatives”. On 4th July 2016, David Harold : LIPSCHITZ,
deregistered as a voter, as he lacks confidence in his “freely elected
representatives”, and he will henceforth represent himself in Parliament, which
is his Constitutional right as a people; and as an Active Citizen where “Active
Citizen” is defined in the National Development Plan of 2010.
Chapter 3: Action
In light of Chapters 1 and 2 of this document, I, a
people David Harold : LIPSCHITZ hereby Preemptory Mandamus and Command the
Constitutional Court and the SAHRC of South Africa to immediately allow either
Premier Helen Zille, OR a people David Harold : LIPSCHITZ to activate a
localized Active Citizen Led State of Emergency to allow for the immediate implementation
of the Project Goals as described in Chapter 4. A people David Harold :
LIPSCHITZ hereby give the defendant until 9th February 2018 to
acknowledge receipt of this Mandamus and to provide for the water rights as per
the Constitution and Water Act of 1998 and failing such receipt and / or water
being made available, Premier Helen Zille OR a people David Harold : LIPSCHITZ
will assume the rights that are due to the Citizens of Cape Town and the
Western Cape in terms of this Mandamus and the South African Constitution.
Chapter 4: Project Timetable of
David Harold : LIPSCHITZ, to avoid Day Zero, now and in the future:
1)
Declare a State of Emergency in the Western Cape
2)
Ask for International Assistance; put a Visa Office at Cape Town
international airport so that Visas can be applied for from Internationals
Arriving at the airport and so that Visas and entry can be expedited.
3)
Ask GrahamTek to immediately implement the 300,000 litre a day plant
that they built in 2005, and which is currently being used at a Demonstration
Plant at their factory. GrahamTek offered this plant to the City of Cape Town
free of charge, a Donation of R2 million. The City’s financial team, led by Ian
Neilsen, who is now in charge of fixing the Water Crisis have sat on this
proposal for 13 years, and it still has not been activated.
4)
Ask GrahamTek to immediately commence work on the 100 million litre a
day plant to supply Lower Steenbras dam with desalinated water. This water will
then be wheeled across the water grid.
5)
Immediately commence an Auction Process where buyers can request as much
water as they want.
6)
Immediately commence with a smart water and electricity meter roll out,
that allows for Net Metering and Time of Use Tariffs, and which the City can
control in terms of allowances that people have paid for, in terms of the
auction. “Rich” people will be given priority. They will need to buy these
meters and approved installers will need to install them. Any spare capacity
will be used to resource “Poor” people.
7)
We do not believe that the 200 water collection points will work (we can
explain why). So, we will ask GrahamTek and all international Desalination
suppliers to supply 40 foot containers to be placed at least every one
kilometer around the populated coastlines of the Cape Peninsula along the False
Bay and Atlantic Seaboards, which must be under armed guard, and which will supply
desalinated water to whoever needs it. 25 litres per person per day will be
free, but each person will be allowed to collect 50 litres per day. The second
25 litres will be priced at R225. There will be no VAT on water sales.
8)
Activate the Camissa Project. All Spring Water that is coming off Table
Mountain aquifers must be utilitised. An oil rig must be utilized to drill into
the Camissa / Table Mountain aquifer as this will be the fastest way to get
into and to tap this huge source of underground water under the land and sea at
Cape Town, known as The Tavern of The Seas.
9)
EIA’s will be expedited. Tenders will not be used, as “The Minister”
makes the decision. Rather committees of 15 people from government and the
private sector will be instituted to review projects, fast-track these projects
and approve payments at the agreed times and as per the agreed performance
measures.
10)
Ask Caltex to provide 100 Petrol Tankers, to be converted into Water
Tankers, to be able to take water to old age homes, the infirm, nursery
schools, and anyone who cannot provide themselves with water
11)
Re-instate the 6kL of free water that our Constitution Mandates
12)
VAT and Tax: give private people who are building water and electricity
infrastructure an opportunity to invest before tax and before VAT, just as
companies are allowed to do. We will also backdate any refunds to the start of
this crisis, in 2016.
13)
We will ask the US to send a carrier strike force[3].
This will help protect the people and provide a Spy Satellite network that will
be able to track people stealing water.
14)
We will ask Israel to send its Civil Defense Teams that protect people
from Civil War.
15)
We will immediately make it illegal for people to steal water from each
other. However, people will be allowed to share water and electricity. If they
are sharing electricity, then the appropriate “grounding or earthing rules”
must be followed between the houses and properties.
16)
We will immediately allow Retail Wheeling across the Western Cape’s
electricity and water grids.
#WaterCrisis
