'Investigative report: The right to adequate sanitation of occupiers of portion 3 (remaining extent) of farm Witfontein' arose from a complaint lodged by Maria Motswapuleng on her own behalf and on behalf of the other occupiers of the Farm. The complaint was received during the Commission’s visit to the Farm on 24 February 2026 in connection with the first investigation.

During its site inspection, the Commission observed that the three households shared two traditional pit toilets. The toilets were in a deplorable condition and posed an imminent risk of harm to users, particularly children. The occupiers also did not have an independent source of water and relied on the Farm owner for their water supply.

The Commission’s investigation established that Matlosana was aware of the sanitation needs of the occupiers but had failed to provide adequate sanitation. During the investigation, the Municipality provided differing explanations for why toilets had not been constructed, including challenges relating to landowner consent and insufficient funding. The Commission found the allegations against Matlosana to be substantiated. It found that Matlosana’s failure to provide adequate sanitation violated the occupiers’ rights to human dignity and access to adequate housing in terms of sections 10 and 26(1) of the Constitution. 

Report by the South African Human Rights Commission