The South African Human Rights Commission (SAHRC) has intervened to force two North West municipalities to deliver basic services to its residents. Residents of Extension 5 in Lehurutse told the SAHRC and reported that the Ramotshere Moiloa Local Municipality and the Ngaka Modiri Molema District Municipality were violating their human rights by failing to provide electricity as well as water and sanitation.
The residents of Palamakwa also complained to the SAHRC that there have not been any human settlement developments in the area since 2010. The SAHRC’s Provincial Manager Shirley Mlombo, said the two municipalities have indeed violated the rights of their constituencies.
“Following an investigation in the matter, the Commission found that the residents’ rights were indeed violated by the two municipalities. The specific rights that were violated include the right of access to water, and sanitation as well as the right to dignity,” Mlombo said, adding that the two institutions have been ordered to make amends.
“Consequent to these findings, the commission made a number of directives, directed to the two municipalities. The directives of the SAHRC are legally binding, so the commission does expect the municipality will comply with these directives.
“These directives include that both municipalities provide the prescribed amount of water to the residents of the affected communities. The municipalities are also directed to provide the residents of the affected communities with toilets, which are safe and reliable, and environmentally sound.
“The local municipality is also required to report to the SAHRC on how it intends to give effect to these directives I’ve mentioned. And in the report there must be a clear time plan of the steps that will be taken to give effect to the report,” said Mlombo.
Mlombo also said the Ramotshere Moiloa Local municipality must make a formal application to the relevant MEC for the area to be developed and turned into a township.
“And this process must be done in consultation with all relevant stakeholders including the residents of the affected community. The municipality must then report to the commission on its decision regarding the upgrade of the settlement,” she said. Both municipalities are yet to comment on the findings of the Commission.
