Xolani Koyana
MAYOR Patricia de Lille has accused the SA Human Rights Commission of playing the “race card” with its damning report on the city’s provision of sanitation in informal settlements.
In a special edition of her weekly newsletter published on the City of Cape Town’s website yesterday, she sought to clarify “inaccurate and misleading” findings in the report.
In the report, released this week, the commission said it had found the city had violated the dignity and human rights of informal settlement residents by providing inadequate basic sanitation.
De Lille questioned the commission’s independence and accused it of “playing the race card”. There were a number of shortcomings in the report.
“The HRC, in making its recommendations, displays an inexplicable lack of understanding of the legislative, financial and other factors which determine service provision.”
It was “astounding” that the commission had criticised the city’s provision of chemical toilets as being unfair discrimination when Human Settlements Minister Lindiwe Sisulu had lauded their use in Lwandle – the same day the report had been released.
The chemical toilets the commission had found to be a violation of human rights were to be found in municipalities throughout South Africa.
“Is the HRC arguing that their provision in every such instance constitutes unfair discrimination? Unless they do so, in these cases it will create the impression that they are deliberately targeting Cape Town.”
The provision of chemical toilets was a last resort, De Lille said. While she respected the role of Chapter Nine institutions, she would expect the commission to learn from the public protector, who “fearlessly executes her constitutional role free from political influence or considerations”.
Based on attacks on the city by organisations like the Social Justice Coalition (SJC), SA Human Rights Commission and Ses’khona People’s Movement, it appeared as if the “ANC’s election campaign has started in earnest on all fronts”.
“This just makes us more determined to provide the best level of service possible to all residents, as part of our broader effort to build a caring and inclusive city.”
In the report the commission questioned the city’s toilet provision ratio of one toilet to every five households, but De Lille said this was the best of any municipality.
Eighty-two percent of informal settlements were partially or fully affected by physical constraints that made it difficult to provide one toilet for each household.
Informal settlements were on privately owned land and the city could provide sanitation only the periphery of such land, she said. The high density of some settlements made it difficult to install the infrastructure for full-flush toilets.
SJC project manager Axolile Notywala said it would be sad if the city challenged the commission’s report. Such a move would reinforce the notion that the city didn’t care about black people.
“That means they will continue to discriminate against black Africans in service provision. But we are not going to sit back and allow them to do that. We are going to fight them with whatever we have.”
Notywala said the city should engage with communities to come up with solutions.
The onus should fall not only on the city – the national government should be involved. The city should consult the Department of Water and Sanitation, Notywala said.
Luthando Tokota, an SJC member who helped audit the provision of sanitation in four informal settlements, said he lived in RR Section in Khayelitsha, where most of the toilets were chemical.
Contrary to an agreement between the city and its contractor, Mshengu Services, the toilets were not secured to the ground, he said. Toilets were too far from residents and some were on the border of informal settlements, posing a risk to people at night.
The Mshengu-provided toilet nearest to his home was about 200m away.
“Where I live the toilets are placed in a swamp-like area and when it rains you can’t really access those toilets. We want the City of Cape Town to give us a proper plan within six months. And this time we don’t want any delays because for a while we have been asking for the city’s service plan, without success.”
Commission spokesman Isaac Mangena could not be reached for comment.
l The City of Cape Town will “never” apologise to poo protest and Sekhona leaders and former councillors Andile Lili and Loyiso Nkohla, says mayoral committee member for safety and security JP Smith.
The pair faced several cases relating to their conduct and owed city residents an apology and restitution for about R23 million in damage.