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.
Here is my Mandamus: ...
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
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 MandamusPage 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”. 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.”
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. 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.
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