Home Contact Us Maps Links The Constitution Marikana
| More

SAHRC welcomes the response by the Minister of Human Settlement to allegations of improper conduct levelled against the Maluti-a-Phofung Municipality

Tursday, 14 July 2011

The SA Human Rights Commission welcomes the swift response by Minister of Human Settlements to allegations that the Maluti-a-Phofung Municipality planned to sell vacant land with toilets to residents, instead of building them low-cost houses.

According to reports, the municipality constructed more than 1000 toilets on land which was apparently earmarked for low-cost housing and insisted that residents pay for these.

It is also alleged that the municipality did not consult with the community before it initiated and implemented this project. The Commission condemns the pattern of lack of consultation, engagement and non-provision of information by some municipalities, including the Maluti-a-Phofung Municipality.  The Commission cautions municipalities that legislation and judgments of our courts actually require not only consultation but the active participation of communities.

The Commission reiterates its position in its finding against the Moqhaka Municipality that active communication and proactive information sharing lie at the heart of community engagement and participation. Community participation therefore must be initiated and sustained from the point of inception of project plans through to the implementation and evaluation of projects. A municipality must demonstrate that effective and interactive community participation has taken place in the planning, implementation and evaluation of a project.

In terms of the Municipal Finance Management Act, a municipality must consult communities and present the budget available to undertake specific projects. The budget must be presented through the Medium Term Expenditure Framework process, where there is an agreement as to how many toilets and houses can be built over a period of time. The fact that land where the toilets are constructed apparently remained vacant for a lengthy period seems to suggest that the municipality may not have used the multi-year planning framework on service delivery.

The Commission hopes that in his meeting with the municipality yesterday, the Minister emphasized the provisions of the Municipal Systems Act, which place an obligation on the municipality to encourage and create conditions for the local community to participate in its affairs including preparing, implementing and reviewing its integrated development plan; establishing, implementing and reviewing its performance management system; monitoring and reviewing of its performance, including the outcomes and impact; preparing its budget; and strategic decisions relating to the provision of municipal services.

In addition, the Commission hopes that the Minister also raised concern about what appears to be the municipality’s disregard for the provisions of the Promotion of Access to Information Act. Access to information is a fundamental right entitling people to information that public bodies hold, and facilitating informed participation in decisions which affect their daily lives.

PAIA obliges public bodies such as the Maluti-a-Phofung Municipality to make information available about its decisions relating to all aspects of its processes, including tenders and the means through which the community can access the information the municipality holds. In this sense, people are not only able to participate meaningfully in the projects of the municipality but they are also able to hold it accountable.

Information that currently exists on this matter seems to suggest that the Maluti-a-Phofung municipality did not comply with its obligations in terms of the PAIA legislation.

The Commission is urging municipalities to adequately consult and engage with their communities, in this way the quality of service delivery can improve. This will also ensure that service delivery protests are avoided.
                                                            ENDS
Further enquiries: Vincent Moaga 073 562 9866

For comments email info@sahrc.org.za [Back]



- See more at: http://www.justice.gov.za/legislation/constitution/index.html#sthash.vQme5ODl.dpuf

The South African Constitution

The Commission is available on social media

SAHRC TWITTER.jpg One.jpg @SAHRCommission

Facebook-Icon.jpg SA Human Rights Commission

YOU1.png SAHRC 1


To lodge a human rights violation complaint, click here.

or Call 011 877 3600
e-mail: complaints@sahrc.org.za

Provincial contact details are available here

 



PAIA section 14 Manual.jpg


MEDIA STATEMENTS

SAHRC launches investigation into allegations of racism at University of the Free State
SAHRC finalizing report on complaints against King Goodwill Zwelithini
SAHRC response to ANC petition on racism
International Disability Day – SAHRC calls for employers to do more
SAHRC welcomes Supreme Court judgment on the delivery of textbooks in Limpopo


SAHRC NEWSLETTER

Pfanelo January Edition


Upcoming Events

  • 20 year Anniversary Celebration

 

Report any fraudulent and/or unethical behavior taking place in the Commission anonymously to the SAHRC Tip-offs Line.

FreeCall: 0800 222 365
Email: sahrc@tip-offs.com
FreeFax: 0800 00 77 88
FreePost: KZN 138, Umhlanga Rocks 4320
Website: www.tip-offs.com

Independently managed by the Office of the Public Service Commission.



 

SAHRC Programmes

Since its establishment, the SAHRC has dedicated itself to:
•  Raising awareness;
•  Monitoring and assessment;
•  Education and training
•  Addressing human rights violations

How can the SAHRC help?

The SAHRC promotes, protects and monitors human rights in South Africa. It also has a specific responsibility to promote and monitor the implemen-
tation of PAIA.

Calendar

08 March – International Women’s Day
21 March - Human Rights Day
27 April – Freedom day
1 May - Workers day
03 May – World Press Freedom Day

[See more]