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Media Statement: SAHRC refutes alleged claims made by the Harry Gwala District Municipality regarding the Commission’s KZN Provincial Water Inquiry Report

Attention: Editors and Reporters

20 October 2023

The South African Human Rights Commission (SAHRC / Commission) has noted the media article published by IOL News on 12 October 2023, titled: Harry Gwala Mayor Slams SAHRC for Biased Water Inquiry Report, and written by Jehran Naidoo.

The media article reports on comments which were allegedly made by Cllr Zamo Nxumalo, Mayor of the Harry Gwala District Municipality (HGDM), relating to the Commission’s KZN Provincial Water Inquiry and its subsequent report relating thereto.

The Mayor of HGDM in these alleged comments “slammed” the Commission for issuing a biased report on the state of water in the region of HGDM. Some of the comments were, amongst other things, as follows:

 

  1. “The SAHRC only approached the community members for their investigation and did not engage with the municipality”.

 

The Commission wishes to unequivocally refute this statement. On or about 14 June 2022, the Commission issued a Notice to Appear to the HGDM, to appear before the KZN Inquiry into Access to Water which was scheduled to be held from 04 to 08 July 2022. The Commission also requested the HGDM to file their written submissions on the state of water in their Municipality/region. The Commission received the HGDM’s submissions on or about 29 June 2022. Subsequent to that the Inquiry was postponed due to unforeseen circumstances and such changes were communicated to the HGDM. The Commission thereafter re-scheduled the Inquiry and the new dates, being 15 to 19 August 2022, were communicated to the HGDM wherein they were again invited to appear before the Commission at the Inquiry.

  1. “From what I know, they came and did their research in the respective areas, they took information from the electorate, which is the community, and formed that report. They did not interview us as the municipality.”

 

The HGDM appeared before the Commission at the said Inquiry on 16 August 2022. The HGDM was represented by the Acting Municipal Manager, Ms Thobile Thiyane- Magaqa and the Executive Director: Water Services Department: Mr Dumisani Sanele Gqiba. They were given an opportunity to present their submissions and were asked questions by the panel.  As part of their submissions, they reported that they receive, on average, 500 complaints per month relating to water. The HGDM further highlighted the challenges they face relating to the provision of water to the communities ranging from ageing infrastructure, boreholes drying up and failing systems, illegal water connections and overstressed system due to increased demand and that the municipality is unable to deliver water to all its residents, to mention a few. Further, the HGDM submitted that as a mitigating measure, they had purchased its own water tankers as hiring was not sustainable.

  1. “The Report carries weight; it was all over the media and made it seem like we are doing nothing. If they interviewed us, we would have contributed to the report.” 

On or about June 2023, the Commission issued a preliminary/provisional report on the water inquiry and invited all interested parties to file their comments to the Commission within 21 days from the date of release. On or about 23 June 2023, the Commission sent the preliminary report to the office of the Municipal Manager of the HGDM for their attention and invited the said office to file their comments/input on or before 24 July 2023. The Commission did not receive any comments from the HGDM.

The Commission thereafter proceeded to issue its final report on 18 September 2023.

In light of the Harry Gwala District Municipality (HGDM) having appeared before the Commission as indicated in paragraph 2 above, and all the steps that have been taken by the Commission prior to, during and after the Inquiry sitting, the Commission confirms that it has engaged with and /or fully consulted with the HGDM during all the phases of its Inquiry process up to and including the issuing and release of  the Final Water Inquiry Report.

Accordingly, should there be any veracity to these alleged comments having been made by the Honourable Mayor, they are untrue and without any basis and /or merit.  In this instance the Commission requests that the Honourable Mayor and the HGDM refrain from making such false statements against the Commission and its processes.

Ends

For further information contact SAHRC KZN Provincial Manager, Ms Pavershree Padayachee on Tel: 031 304 7323, Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

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