Abstract

MAZIWISA, Michelle Rufaro  and  LENAGHAN, Patricia. Rethinking the right to water in rural Limpopo. Afr. hum. rights law j. [online]. 2020, vol.20, n.1, pp.233-260. ISSN 1996-2096.  http://dx.doi.org/10.17159/1996-2096/2020/v20n1a9.

For decades Africa has been losing billions of dollars every year as a result of illicit financial flows. When export and import figures are tampered with this has the tendency to erode the tax base. It is common cause that in Africa a large percentage of state revenue emanates from taxation. The consequence of tax base erosion is that the government has less revenue. With less revenue, the government is increasingly unable to provide social services. The consequences for women are particularly dire as women have to end up subsidising the state in providing services, reproductive and care work. This article argues that the government has a responsibility to ensure that the maximum 'available resources' are allocated to the attainment of socio-economic rights, particularly the right to water, especially for the poorest in the country. The article is limited in scope to the province of Limpopo in South Africa. The article highlights the impact of illicit financial flows (IFFs) on women and girls living in rural communities, particularly in Limpopo. It sets out the nature and extent of IFFs in South Africa, and describes the socio-economic context of Limpopo and the extent to which the right to water has not been realised in selected rural parts of Limpopo. The article further outlines the relevant legal framework and finally analyses the gendered implications of the right to water and the duty on the state.

Keywords : socio-economic rights; rights-based approach; right of access to water; illicit financial flows; rural communities; Limpopo.

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