Student Number : 0104363F - MSc research report - School of Architecture and Planning - Faculty of Engineering and the Built Environment / South Africa is a constitutional state. The constitution is the supreme law of the country (RSA, 1996). Any of the state laws, policies and programmes that are inconsistent with the constitution are invalid, thus they have no legitimate standing. In the preamble of its constitution, the post apartheid South Africa sworn itself as a country recognising the past injustices, hence planning for the society based on social justices, in order to improving the quality of life of all citizens and free the potential of each person. The Bill of Rights is a cornerstone of democracy in South Africa, as it encompasses all human rights, especially socioeconomic rights, whose fulfilment will contribute towards realisation of equal and united society based on social justice. However, the post apartheid South African government adopted a Free Basic Water policy as a way of adhering to the constitutional requirements of ensuring that everyone has the right to sufficient water. Access to clean sufficient water has been identified as a crucial requirement for Care and Prevention to the HIV/AIDS affected households. In the midst of socioeconomic inequalities, scarce water resources and high HIV/AIDS prevalence confronting the post apartheid South Africa today, the Free Basic Water policy guarantees every household of eight; irrespective of its socioeconomic status and health concerns, 6kl/6000 litres of water every month free. The local government has been blamed for not being responsive these special water needs of the poor HIV/AIDS households, especially in townships areas, where water is mostly provided on cost-recovery. However, little attention has been paid on the difficulty faced by the local government authorities in this regard. The report argue for a need of collaboration between planners and others major stakeholders, to come up with group-conscious water policy that will guide for planning of a society based on social justice. However, the research recommends that this policy should not only be guided by / concerned with justice and fairness in the distribution of basic needs of the society with special needs. More important, this new policy should be fair, thus account for the sustainability of the water resources, since South Africa is regarded as water-scarce country.