A four-year investigation has found that all three spheres of government are failing to meet the basic human rights of residents in townships.

The Public Protector’s report, released yesterday (7 July), found that the City does not deliver basic services to residents at the N2 Gateway Joe Slovo development, known as Langa Flats, and parts of Khayelitsha.

The report, issued in terms of section 182(1)(b) of the Constitution and the Public Protector Act, follows a systemic investigation after complaints at Public Protector roadshows in March 2022 and April 2023. The investigation used site inspections, residents’ experiences, documentation and submissions from the City itself.

What the investigation found

The Public Protector found that residents at Langa Flats pay rent without signed lease agreements, leaving them without legal security of tenure. Sewage infrastructure at the development is broken and fire safety equipment and high-mast lighting were not working.

At Marikana in Khayelitsha, the investigation found that residents who had been relocated due to sewer repairs did not have adequate access to water. Lighting in the area did not work. There were no smoke detectors nor closed-circuit television cameras at the Matthew Goniwe Community Day Centre and Town Two clinic.

The investigation found that the City’s functionaries failed to provide basic services, resulting in ongoing prejudice to residents.

The City’s response

The City, in a press release, said it cooperated fully with the investigation and had already been addressing the issues raised.

Regarding Langa Flats, it said refuse is collected four times a week, fire-safety equipment is maintained by a service provider, and sewer maintenance has been underway with further upgrades planned. It said 547 residents refused to sign lease agreements and 64 have declined to renew theirs. As a result, the City says it may need to approach the courts to regularise the situation.

Of the 10 families relocated to Marikana, the City said they had access to water and sanitation, and an additional standpipe was planned for installation by mid-July to reduce their walking distance to water. Regarding lighting, the site falls within Eskom’s supply area. The power utility has committed to providing electricity for the 10 families but has raised concerns about potential unrest from the broader Marikana community. The City said it had facilitated on-site meetings between Eskom and the community, and the Public Protector’s Office had been in discussions with community leadership.

Regarding the two clinics, the City said both Matthew Goniwe and Town Two clinic had valid fire certification and fire-fighting equipment in place and were fully compliant with national standards. Smoke detectors and CCTV cameras were scheduled for installation once planned renovations at both clinics were complete. Renovation budgets of R8 573 079 for Mathew Goniwe and R2 100 000 for Town Two had been allocated for 2026 and 2027 respectively.

The City said it would submit a detailed response to the report in due course.

Two factual corrections accepted

The Public Protector accepted two narrow factual corrections made by the City before the report was finalised: that the N2 Gateway development falls under the Community Residential Units Programme, rather than a different classification, and smoke detectors were not a mandatory requirement for the clinics’ fire-safety classification under national standards. The remedial action was adjusted accordingly to require early-warning fire mechanisms generally, rather than smoke detectors specifically.

The City formally objected to the overall findings before publication. The Public Protector rejected that objection, finding that cooperation with an investigation “does not in itself negate a finding of maladministration where the evidence establishes that constitutional and statutory obligations have not been fully discharged.”

Findings against national government

The report also makes remedial action findings against the National Treasury and the Department of Human Settlements. The City had noted the difficulty of providing free services without adequate financial support from the national government, and the Public Protector took cognisance of this. The Minister of Finance has been directed to assess whether the intergovernmental fiscal framework adequately supports municipalities with large informal settlements and infrastructure backlogs.

It must be noted that the Langa Flats rental flats were built by national and provincial government; the City said it inherited the development under a previous administration before widespread unlawful occupation had been addressed.

What the City has been ordered to do

The Public Protector has issued binding deadlines to the City Manager:

• Within 30 days: ensure Marikana residents have access to water and submit an action plan for additional taps and sanitation facilities; also engage Eskom to restore non-operational high-mast lights and report back with agreed interventions and time frames.
• Within 60 days: develop a sustainable long-term cleaning strategy for Langa Flats; and engage Eskom to prioritise electricity supply for the 10 relocated families, or relocate them to suitably serviced land.
• Within 120 days: carry out long-term repairs to sewage infrastructure at Langa Flats and Khayelitsha, and submit short- and long-term rehabilitation strategies.
• Within 6 months: provide a detailed action plan on the lease regularisation process, including responsible officials and time frames through to conclusion of lease agreements; and put measures in place to equip Matthew Goniwe and Town Two clinics with smoke detectors or other early fire-warning mechanisms.
• The City Manager must also submit an implementation plan to the Public Protector within 30 days of receiving the report.
• The Executive Mayor has been directed to table the report to the Municipal Council for discussion within 60 days.
• The MEC for local government in the Western Cape must monitor compliance quarterly and may consider a section 139 intervention, which would allow the provincial government to step in, should the City fail to meet the deadlines.

The opposition party Good, which lodged the complaint alongside residents, said in a media release that the findings confirmed what residents had been saying for years. The party said it would monitor every deadline.

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