The inquiry was necessitated by the fact that complaints regarding lack of access to water, electricity, housing, sanitation and refuse collection have remained amongst the highest complaints received by the FSPO. The Report documents challenges besetting local municipalities in the Free State Province and makes several findings against the eighteen (18) local municipalities; the Mangaung Metropolitan Municipality; the Free State Department of Water and Sanitation; and the Free State Department of Cooperative Governance and Traditional Affairs.
Some of the findings made in the Report include high levels of vacancies at both managerial and technical levels of municipalities; failures to deal with infrastructure maintenance; poor road infrastructure; poor or weak refuse removal services; and challenges of revenue collection threatening the financial viability of municipalities. The Report contains a finding that local municipalities are in violation of constitutional and statutory obligations by allowing sewage spillages contaminating water sources and the environment. The Report also finds that some municipalities violate section 27(1)(b) of the Constitution and regulations 2, 3 and 4 of the Regulations relating to compulsory national standards and measures to conserve water. Another finding contained in the Report is that some local municipalities in the Free State Province have high levels of indebtedness to Eskom and water boards. Challenges of vandalism, theft and unlawful connections to water and electricity networks and the prevalence of the bucket toilet system are some of the findings contained in the Report.
The Report contains several recommendations directed at all the local municipalities; the Mangaung Metropolitan Municipality; and the Free State Department of Water and Sanitation and the Free State Department of Cooperative Governance and Traditional Affairs. In the main, the SAHRC has requested that within 3 months it be furnished with various plans. Such plans should deal with operations and maintenance of infrastructure; address water shedding; enhance revenue collection; tackle the bucket toilet system; address vandalism of infrastructure; roads rehabilitation; rendering of refuse removal services; and closing of the skills gap and appointment of skilled, qualified and competent employees.
The SAHRC in the Report also recommended that the Free State Department of Water and Sanitation establishes a programme to support and monitor the development and implementation of municipal Water Services Development Plans in the Free State Province. The SAHRC has also recommended the need for a strengthened enforcement of laws, such as the National Water Act and National Environmental Management Act to deal decisively with polluters of the environment and water sources. The Free State Department of Cooperative Governance and Traditional Affairs has been urged to strengthen its support and oversight role over municipalities in the Free State Province.
The sphere of local government is pivotal in the realisation of various rights enshrined in the Constitution and it cannot be allowed to fail. Therefore, the SAHRC intends to closely monitor the implementation of the recommendations contained in the Report.
The full Report is available on the link below:
Ends
ISSUED BY THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION
For further information or inquiries, please contact Wisani Baloyi, SAHRC Communications Coordinator on 081 016 8308 or This email address is being protected from spambots. You need JavaScript enabled to view it..

