The South African Human Rights Commission’s (SAHRC) in the North West has subpoenaed hearings against six municipalities in the province, following sustained non-responsiveness to investigations conducted by the commission.
The commission’s Provincial Manager Shirley Mlombo told YOU FM News Hour that the three-day hearings are convened in accordance with the commission’s mandate to promote, protect, and monitor the observance of human rights, as enshrined in the Constitution of the country and the SAHRC Act.
The commission emphasized that the primary objective of these hearings is to “obtain clear, substantive responses, and time-bound commitments from each municipality on how they intend to resolve the outstanding service delivery issues in their respective areas of jurisdiction.”
According to Mlombo, the hearings arise from several complaints received from residents across the province regarding failures in service delivery.
In addition, the commission highlighted that most of the municipalities failed to respond or cooperate with it, thereby hampering their efforts to resolve pressing human rights concerns at the local government level.
“We have received complaints in respect of all municipalities in the North West, and subpoena hearing is part of the bigger investigation that the commission is conducting on service delivery challenges in the North West.
But the reason we are subpoenaing these municipalities is because they have failed to respond to communications sent to them as part of commission’s investigations into this matter.
The subpoena power that we exercise as the commission, they are extraordinary powers, which we only exercise as a matter of last resort, if we cannot get cooperation from a respondent in connection with an investigation, so that’s why the six are,” Mlombo explained.
She however clarified why only six of the 18 local, and four district municipalities were subpoenaed by the commission despite all of them having service delivery challenges.
“The service delivery complaints received differs from one municipality to the other.
But in a nutshell, they relate to water access to various communities, challenges with sewage spillages, challenges with storm water system which result in flooding of residents’ homes as well as complaints in some parts about the potholes on the roads which in some communities can render in access to emergency services challenging to those communities,” added Mlombo.
The municipalities summoned to appear before the commission include four local municipalities from Bojanala Platinum District such as Rustenburg, Kgetlengrivier, Madibeng and Moses Kotane, with each from Ngaka Modiri Molema District and Dr. Kenneth Kaunda district municipalities, Ditsobotla and JB Marks local municipalities, respectively.
Furthermore, Mlombo said that the hearings will be open to the public, concerned municipalities and complainants themselves.
“The main parties will be the municipalities themselves which will be represented by their managers in their capacities as the accounting officers.
The complainants are invited to attend, observe the proceedings and to provide any other additional information that can help the commission on its probe,” concluded the Provincial Manager.
The three-day hearings will be held from 15 to 17 July at the commission’s offices in Rustenburg.
