The Report exposes systemic failures in the provision of basic services, including water, sanitation, waste management, and road maintenance and their impact on residents’ constitutional rights.

The Report reveals widespread non-compliance with constitutional and legislative obligations by municipalities in the North West Province. The Report makes several findings against the North West Provincial Government and fourteen (14) municipalities in the North West Province. In the main, the SAHRC finds that most of the municipalities are failing to live up to their constitutional and legislative obligations. Consequently, many municipalities are violating several human rights through failing to: ensure the regular supply of clean water; provide sanitation services; address sewage spillages; regularly collect solid waste; supply electricity to residents; address illegal dumping; and maintain roads and stormwater systems.

Among some of the findings made by the SAHRC against municipalities are that:

• The City of Matlosana is beset by chronic sewage spillages in Orkney and Alabama, and has experienced long delays in repairing sinkholes in Stilfontein, which has resulted in the violation of residents’ rights to dignity, safety, and life.
• JB Marks Local Municipality experiences persistent sewage spillages, erratic waste collection, poor road infrastructure and water shortages across Ikageng, Ventersdorp and Goedgevonden, which infringed on residents’ right to dignity, health, and sufficient water.
• Maquassi Hills Local Municipality suffers from inconsistent water supply, ongoing sewage and littering challenges in Wolmaransstad, Kgakala, and Teflop, which violate rights to dignity, water, and sanitation.
• Dr Ruth Segomotsi Mompati District Municipality battles with widespread water shortages, poor water quality, and sewage spillages in Bloemhof, Reivilo, Ganyesa, and Huhudi, which resulted in violations of residents’ rights to sufficient water and a healthy environment.
• Lekwa-Teemane Local Municipality’s failure to provide registered residential sites with roads and electricity, particularly in Boitumelong, violated their rights to basic services.
• Kagisano Molopo Local Municipality’s mismanagement of the Bray landfill site compromised residents’ right to health and dignity.
• Ngaka Modiri Molema Local Municipality’s persistent water shortages and sewage failures in multiple areas within its jurisdiction, among others, Ipelegeng, Mahikeng, Setlagole, Lichtenburg, Gareleng (Madibogo), Kraaipan, Mareetsane, and Zeerust, violated rights to water and sanitation.
• Mahikeng Local Municipality’s failure to manage, Illegal dumping and stormwater flooding near Bophelong Hospital endangered residents.
• Ditsobotla Local Municipality’s failure to complete the road project in Itsoseng Zone 2 hindered residents’ movement and dignity.
• Kgetlengrivier Local Municipality’s persistent water shortages, sewage spills, and unsafe settlements in flood zones were confirmed and found to violate residents' right to dignity and a safe environment.
• Madibeng Local Municipality’s water shortages in several areas, among others, Jericho, Kagisanong View, Majakaneng, and Letlhabile Block E, left communities without a reliable supply in violation of their right to have access to sufficient water.
• Moretele Local Municipality’s failure to maintain roads and water shortages continues to affect rural communities and schools, implicating a number of rights, including the right to education.
• Moses Kotane Local Municipality’s widespread water and sanitation challenges persist across multiple villages, including Tlhatlhaganyane, Mmorogong, Mabelleng, Maolagane, Ramokokastad, Bapong, Uitkyk, Voordenker, Sandfontein, Siga, Tweelagte, Mahobiskraal, Pitsedisulejang, Rietfontein, and Lesetlheng Clinic, affecting the provision of sufficient access to water and healthcare services.
• The Rustenburg Local Municipality is engulfed by chronic water shortages and sewage spillages across several communities, including Ramochana, Tlhabane, and Marikana, as well as poor road conditions, which have amounted to sustained violations of residents’ constitutional rights.

In view of the findings, the SAHRC has issued directives to all affected municipalities, including requirements to:

• Deploy operational teams to resolve sewage spillages within 24 hours of reporting;
• Submit 30-day progress reports on remedial actions taken;
• Develop and implement costed, time-bound action plans within 90 days to permanently address systemic service delivery challenges; and
• Remediate environmental damage caused by sewage, waste, and illegal dumping.

The Report highlights deep-rooted governance and capacity challenges besetting municipalities in the North West Province. Concomitantly, residents continue to experience human rights violations. The Report is a call to action on the part of municipalities to act with vigour and urgency in implementing the directives made by the SAHRC in the Report. The Report also directs the North West Provincial Government to heighten its monitoring and intervention role in ensuring that municipalities in the North West Province deliver on their constitutional and statutory obligations.

The NWPO has previously issued investigative reports regarding challenges of service delivery in the North West Province. However, these challenges are not unique to the North West Province as the Commission has, through various inquiries, observed similar challenges in other provinces, such as Limpopo, Mpumalanga, KwaZulu Natal, Gauteng and the Free State.

The SAHRC reiterates that the local sphere of government is key to the attainment of human rights. Therefore, the SAHRC intends to closely monitor this Report to ensure that directives are complied with and municipalities are held accountable in the fulfilment of their constitutional and statutory obligations of delivering basic services to their residents.

The full Report can be accessed here.

Ends

Issued by the South African Human Rights Commission