The FBAE programme was introduced by Matlosana during the 2012/2013 financial year to provide paraffin as an interim alternative energy source to indigent households residing on farms, in informal settlements and in other non-electrified areas, pending electrification.

In the report, the Commission finds, amongst others, that:
• the allegations regarding the termination of the FBAE programme were substantiated;
• the programme was terminated without adequate consultation with affected beneficiaries and without proper regard for their needs;
• the financial and administrative challenges identified in the programme could have been addressed through less restrictive measures rather than the wholesale withdrawal of alternative energy support;
• Matlosana’s current electrification programme is incapable of addressing the prejudice suffered by all former FBAE beneficiaries;
• the termination violated the beneficiaries’ right to equality and amounted to unfair indirect discrimination on the ground of poverty;
• the termination violated the beneficiaries’ right of access to adequate housing, which encompasses access to domestic energy supply;
• the initial administrative discontinuation of paraffin was procedurally unfair and inconsistent with the right to just administrative action;
• Matlosana failed to comply with its constitutional and statutory obligations relating to sustainable service delivery and community participation; and
• Councillor Mahlophe, in his capacity as Executive Mayor, failed to adequately give regard to the needs and views of affected FBAE beneficiaries.

The Commission emphasised that municipalities are entitled and required to consider financial sustainability in the provision of services. However, financial constraints cannot be considered in isolation from the constitutional obligation to prioritise basic community needs, ensure equitable access to services and protect vulnerable communities.

To remedy the violations, the Commission has recommended that Matlosana, within 90 days of receipt of the report, should:
• ensure the provision of alternative energy to former FBAE beneficiaries who still require and qualify for such assistance;
• submit a time-bound plan for the electrification of former FBAE beneficiary households not covered by existing electrification plans; and
• submit a progress report on the electrification of former FBAE beneficiaries already included in existing plans, including the number of households electrified since 9 February 2026 and completion dates for outstanding projects.
The Commission also recommended that thereafter, Matlosana should report to the Commission on its compliance with the alternative-energy recommendation and submit six-monthly progress reports on electrification projects in communities that previously benefited from the FBAE programme.
The Commission will monitor implementation of the recommendations and reserves the right to approach an appropriate forum or court of law to secure appropriate redress should Matlosana fail to comply with its recommendations.
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ENDS
ISSUED BY THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION