In the media briefing among others, Mr Madadzhe made remarks relating to the Commission’s Limpopo Provincial Water Inquiry Report (Inquiry Report) launched on the 16 October 2023, and questioned the timing of its release. He further alleged that the SAHRC Limpopo Provincial Manager, kept the Inquiry Report to himself for two years and decided to issue the Inquiry Report once the Census report 2022 was issued by the Statistician General on the 10 October 2023.

The Commission wishes to clarify the following in respect to its inquiry, findings and report. The Commission conducted its Inquiry into Access to Water and the Efficacy of Water Services Authorities in the Limpopo Province, by hearing oral testimony from 19 to 21 October 2021. Thereafter the Commission, embarked on the process of analyzing and assessing the submissions received pertaining to all municipalities in the Limpopo province responsible for providing water services. Further site inspections and verifications were conducted. After having sifted through the submissions and evidence a preliminary/provisional report was drafted and internal due diligence processes finalised. On the of 15^th June 2023 the Commission issued the preliminary/provisional report , and sent it to all implicated parties to file their responses to the Commission within 21 days. 

The Commission further wishes to clarify that it only received comments/responses from the Limpopo Department of Cooperative Governance, Human Settlements and Traditional Affairs as well as from the Mogalakwena Local Municipality. These comments/responses were considered and were adequately addressed in the final draft of the Limpopo Water Inquiry Report, which was signed off on 12 September 2023, by the Chairperson of the Inquiry Panel, Commissioner Phillile Ntuli.

On the 13^th of October the Commission was afforded the opportunity to brief the Limpopo Provincial Legislature’s Portfolio Committee on Cooperative Governance, Human Settlements, and Traditional Affairs on the contents of the report. Subsequently, the Commission officially launched its Inquiry Report on 16 October 2023 in Limpopo.

Further to the above, the Commission wishes to clarify that its processes are guided by the Complaints Handling Procedure and Section 15 of the SAHRC Act 40 of 2013, and care is taken to ensure fact-finding, due process and an unbiased and independent assessment of information. The matter of the release of the Census 2022, was not a consideration in the execution of the timeline above.

The Commission has an open-door policy to engage any stakeholders including political parties, where any concerns may be raised related to the work of the Commission, and considers that it is not above criticism. However, it should be borne in mind that the Commission is an independent Constitutional body that is empowered to investigate any human rights violations, is subject to the law and conducts its work without fear or favor, or prejudice. In this regard, the Commission’s primary consideration remains the delivery of water services to the people of Limpopo Province.

ENDS

ISSUED BY THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION