The death of a six-year-old girl who drowned after falling into a pit toilet in Nkuzana Village has ignited a fierce constitutional rebuke of the state.
On Monday, Siyabulela Jentile, a well-known activist associated with the Not In My Name International NGO, lambasted government over the death of Tsakani Mabunda. The girl died on Friday. Jentile is accusing authorities of failing in their most basic duty to protect children.
He was speaking on behalf of Civic Root Advocacy, which described the tragedy as a consequence of systemic neglect rather than an isolated incident.
“This tragedy is not an accident but a direct consequence of systemic failure,” Jentile said. “That in 2026 a child can still die because of a pit latrine is a profound violation of South Africa’s constitutional order.”
Went missing, found in pit
Tsakani was discovered inside a pit latrine near her home after she went missing while playing with other children. Family members and neighbours later pulled her out and rushed her to a nearby health facility. She was declared dead at the facility. Limpopo police have since opened an inquest docket to investigate the incident.
Jentile said the continued use of pit toilets exposes children to daily danger. And it strips communities of their dignity.
“A sanitation system that exposes children to death and communities to constant risk is incompatible with the right to life and the right to dignity,” he said, citing constitutional protections the state is legally bound to uphold.
He further pointed to the constitutional right of access to sufficient water and sanitation. And he argued that the persistence of pit latrines decades into democracy cannot be justified.
Violation of constitution
“The state has a clear obligation to take reasonable measures to progressively realise this right. And the continued existence of pit latrines shows that this obligation is being ignored,” Jentile said.
He said the child’s death amounted to a direct violation of the constitutional principle that a child’s best interests are paramount.
“Allowing conditions that place children in constant danger is a direct breach of the Constitution,” he said.
“This is not just a service-delivery failure; it is a constitutional failure.”
As South Africa approaches the 2026 local government elections, Jentile said the tragedy should serve as a moment of democratic reckoning.
Local government elections warning
“Local government is the sphere of state closest to the people. And it bears direct responsibility for basic services like sanitation,” he said. He added that communities must judge leaders by lived reality rather than campaign rhetoric.
“Democracy loses its meaning when suffering is remembered only at funerals and forgotten at the polls,” he warned.
Civic Root Advocacy has called for urgent accountability. It demands transparent public disclosure of sanitation conditions in high-risk communities. As well as decisive action to eradicate pit latrines nationwide.
“We owe the child who died in Nkuzana village more than sympathy,” Jentile said. “We owe her justice. And we owe all children safety. We owe the Constitution our obedience.”
