Public Protector finds City of Cape Town violated residents’ constitutional rights
The investigation also found deteriorating sewer infrastructure, poorly maintained communal areas and unresolved structural defects.
The Public Protector Kholeka Gcaleka has found that the City of Cape Town’s failure to provide basic municipal services to residents of Langa Flats and parts of Khayelitsha amounts to a violation of the Constitution and constitutes maladministration.
Releasing the findings of an investigation by her office on Tuesday, Gcaleka said complaints lodged by residents during the Public Protector’s outreach visits to the Western Cape in 2022 and 2023 were valid.
The allegation that basic municipal services are not rendered in conformity with the Constitution and the law is substantiated.
The investigation found that the City had failed to progressively and effectively provide essential services, including housing, sanitation, water, electricity, waste management, public safety and municipal governance; leaving residents exposed to unsafe and undignified living conditions.
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Among the most serious findings was the City’s failure to conclude lease agreements with all residents of Langa Flats despite continuing to collect monthly rent.
According to the report, this undermined residents’ security of tenure, exposed them to uncertainty and possible eviction, and deprived the municipality of enforceable tenancy arrangements.
The investigation also found deteriorating sewer infrastructure, poorly maintained communal areas, unresolved structural defects and non-functional fire safety equipment at Langa Flats.
“The failure by the City to repair and maintain fire safety equipment has a direct bearing on the constitutional rights to life, dignity and adequate housing,” Gcaleka said.
At the SST-Marikana informal settlement, the report found, residents continued to endure inadequate access to water while broken high-mast lights left communities vulnerable to crime.
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The failures to engage before relocating some families, Gcaleka found, resulted in households remaining without electricity.
The report further identified governance shortcomings, including inadequate enforcement of municipal by-laws, illegal construction on sewer servitudes, recurring sewer blockages and persistent illegal dumping.
“The municipality’s failure to implement reasonable measures within available resources, coupled with its inadequate response to three years of documented service delivery deficiencies despite multiple commitments and undertakings, establishes a pattern of conduct that falls squarely within the definition of improper conduct,” Gcaleka said.
While acknowledging the City’s financial and operational pressures, including ageing infrastructure, rapid urbanisation, vandalism and land invasions, Gcaleka said these challenges could not excuse ongoing violations of constitutional rights.
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The national government, Gcaleka said, should review whether the current intergovernmental funding model adequately supports municipalities grappling with extensive informal settlements and infrastructure backlogs.
As part of binding remedial action, the Public Protector instructed City of Cape Town Executive Mayor Geordin Hill-Lewis to table the report before the Municipal Council within 60 days and ensure its implementation.
