Makana – The South African Human Rights Commission (SAHRC)has found “systemic human rights violations” in the ongoing water and sanitation crisis in the Makana Municipality, recommending that authorities consider dissolving the municipal council as a last resort.
The findings are contained in an investigation report released by the SAHRC after more than three years of complaints, hearings and monitoring.
These involved residents, government departments, Rhodes University, the Auditor-General of South Africa and other stakeholders.
In a statement issued on Wednesday, 10 June, the SAHRC said over 30 complaints were received between 2023 and 2026. These included prolonged water outages, sewage spillages, sanitation failures and deteriorating infrastructure.
Governance failures identified
The Commission found the crisis is not caused by a lack of bulk water supply. Instead, it is driven by governance failures, poor maintenance, infrastructure collapse, weak accountability and institutional instability.
SAHRC recorded repeated water outages affecting households, schools, healthcare facilities and businesses. It also found dysfunctional wastewater treatment systems, ongoing sewage spills and environmental contamination.
The continued use of bucket sanitation systems in some communities, more than two decades after national eradication efforts began, was also highlighted.
According to the report, the crisis has resulted in violations of constitutional rights, including access to sufficient water, human dignity, a healthy environment, and the rights of children.
Interventions have failed
The municipality has been placed under several interventions over the years. These include technical support, emergency measures, infrastructure funding, regulatory enforcement and a mandatory financial recovery plan.
The SAHRC has urged the Eastern Cape government to consider the possible dissolution of the municipal council. It has also called on the Department of Cooperative Governance and Traditional Affairs and the Department of Water and Sanitation to assess whether Makana should remain a Water Services Authority or have those powers reassigned.
Further recommendations include urgent completion of Phase 3 upgrades at the James Kleynhans Water Treatment Works, stronger enforcement action against non-compliance, and continued monitoring of municipal infrastructure safety.
‘Human rights cannot wait’
The Commission said it recognises the challenges facing local government. However, it stressed that residents have faced prolonged water and sanitation failures for years.
“Communities cannot be expected to wait indefinitely while constitutional rights continue to be infringed,” it said.
The Commission will continue monitoring implementation of its recommendations and may escalate action if conditions do not improve.
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