It is regrettable that only 20 out of 257 municipalities obtained a clean audit. Fruitless and wasteful expenditure accounted for over R2,07 billion, R11,98 billion accounted for unauthorised expenditure and R32,06 billion was spent irregularly, marking an increase of R6,86 billion from the previous financial year. Most, if not all, service delivery that the government must achieve to realize the respect, protection, promotion and fulfilment of the rights in the Bill of Rights, takes place at local government level. It is therefore extremely regretted that the rights holders are being let down by this very level of government. It is troubling to the Commission to receive hundreds of complaints against local government for its failure to deliver socio-economic rights including water and sanitation, sufficient food and health care services and then to learn that municipalities have fruitlessly wasted R2.07 billion, spent R11.98 billion without authorization and irregularly spent another R32.06 in just one financial year. That there is an increase in irregular expenditure needs clarification as it seems that the protestations of the Auditor-General combined with threats from government to hold people to account have had no effect on this sickly situation.

The SAHRC has repeatedly expressed its concern regarding the endemic poor performance by municipalities. The SAHRC notes with concern that insufficient attention is being paid to water and sanitation infrastructure by municipalities. This neglect explains why most waste water treatment plants are in such a mess and on the verge of collapse across the country, which poses a significant danger to the right to a healthy environment and to the health and wellbeing of communities, particularly at a time when clean water is crucial in preventing contagion and the spread of Coronavirus (COVID-19).
The SAHRC is extremely worried about the state of affairs in the local government sphere and is doubtful whether the developmental agenda as set out in the National Development Plan (NDP) will be realised within the next ten years, under these circumstances in which the problem is deteriorating instead of showing improvement.

Local government is key to the transformative vision of the Constitution, since, as already stated, local government is at the coalface of service delivery of basic services to communities. The importance of the sphere of local government is now more pronounced than ever before given the COVID-19 pandemic, which is not only exacerbating vulnerabilities, but is also creating new ones. The SAHRC notes that the equitable share budget allocated to local government was recently supplemented by R11 billion to enable municipalities to be at the fore front of tackling COVID-19. However, without putting in place systems to ensure accountability, stricter financial controls, resilience and functionality of local government, the country might not be able to adequately respond to the economic vicissitudes exacerbated by the pandemic.
As the country will mark 20 years of democratic local government in December this year, the SAHRC calls upon the leadership of the local government sphere to introspect and identify concrete and tangible mechanisms to confront the challenges bedevilling the sector urgently. The SAHRC will continue engaging with relevant stakeholders, such as the Department of Cooperative Governance and Traditional Affairs and the South African Local Government Association, in an effort to ensure improved delivery of basic services to communities. But improvement will depend on the extent to which national and provincial governments as well as the members of the public demand accountability from those in local government at whose disposal the country places scarce resources with which to deliver services to communities, to realize the rights given to them in the Constitution.

Ends
Issued by the South African Human Rights Commission
Gushwell Brooks – Communications Co-ordinator Tel: 082 645 8573 This email address is being protected from spambots. You need JavaScript enabled to view it.