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The South African Human Rights Commission (the SAHRC/ Commission) has issued a final investigative report in the matter of Kebaneile Tumelo Phinda and 2 others on behalf of the Residents of Agisanang, Jachtkraal Farm, Delareyville and Letsopa // Ngaka Modiri Molema District Municipality and Tswaing Local Municipality. The report relates to the consolidated complaints received on 06 September, 08 September and 11 October 2021 regarding the sewer spillages and lack of basic municipal services including water, sanitation and electricity at Agisanang, Jachtkraal Farm, Delareyville and Letsopa. 

Following an investigation of these complaints, the Commission found that the rights of the residents of Agisanang, Jachtkraal Farm, Delareyville and Letsopa were violated by the Local and District Municipalities. The specific rights violated included the residents’ right of access to water and sanitation as well as their right to dignity.

Consequent to the above findings, the Commission made several directives that the Local and District Municipalities must comply with. The directives made include the following:

The Local and District Municipalities must install a sufficient number of water user connections to supply a minimum quantity of potable water of 25 litres per person per day or 6 kilolitres per household per month to the residents of the Sannieshof, Jachtkraal Farm, Delareyville and Letsopa at a minimum flow rate of not less than 10 litres per minute; within 200 metres of each of the residents’ households; and with an effectiveness such that the residents are not without a water supply for more than seven full days in any year.

The Local and District Municipalities must provide the residents of Sannieshof, Jachtkraal Farm, Delareyville and Letsopa with toilets which are safe, reliable, environmentally sound, easy to keep clean, provides privacy and protection against weather, well ventilated, keeps smells to the minimum and prevents the entry and exit of flies and other disease-carrying pests.

The Local and District Municipalities, in consultation with the Provincial Department of Cooperative Governance and Traditional Affairs and the Department of Water and Sanitation, must within one month of the report conduct a comprehensive assessment of the water and sanitation infrastructure in Sannieshof, Jachtkraal Farm, Delareyville and Letsopa. The comprehensive assessment must reflect the cost implications of rectifying the challenges identified in the assessment. 

The Local and District Municipalities must engage actively and meaningfully with the residents of Sannieshof, Jachtkraal Farm, Delareyville and Letsopa on its short, medium and long-term measures to address the challenges relating to the provision of water, basic sanitation, electricity and housing to the residents.

The Local and District Municipalities, must within two months of the completion of the assessment submit a report to the Commission, under oath, detailing the steps that they will take in the short, medium and long term to: 

address the inadequacies of the waste management system, and the sewer network or infrastructure servicing the affected areas; with specific detail in respect of the planning, budgeting, monitoring and evaluation, and oversight and accountability measures to be taken. 

prevent the spillage of raw sewage into the streets and homes; and into rivers.

prevent backflows of sewage when residents flush the toilets in their homes. 

to prevent and/or mitigate the impact of sewage spillages on both the residents and the environment. 

provide security to safeguard its sewer infrastructure. 

provide for adequate financial and other resources required to implement the corrective measures identified in the report. 

ensure the provision of potable water in a manner that is effective and sustainable, including the provision of interim water supply services. 

ensure the provision of all municipal services in a manner that is effective and sustainable. 

The full report is available on the Commission’s website at this link: https://www.sahrc.org.za/home/21/files/FINAL%20INVESTIGATIVE%20REPORT%20_%20KEBANEILE%20TUMELO%20PHINDA%20v%20NGAKA%20MODIRI%20MOLEMA%20DISTRICT%20MUNICIPALITY%20_%20FINAL%20_%2020%20April%202023.pdf

The Commission will be monitoring compliance with the report on an ongoing basis.

Issued by the South African Human Rights Commission