Johannesburg - The days of communities embarking on genuine protests over lack of service delivery without the government being held accountable for its failure to deliver basic amenities could soon end.
But that would depend on whether the South African Human Rights Commission (SAHRC) lives up to its promise to sharpen its teeth against wayward government departments and municipalities.
The human rights watchdog group made this bold declaration on Tuesday during a media briefing in Joburg.
“It’s important for everybody to realise we are a Chapter Nine institution. As much as our report is recommendations, we need to ensure there is compliance with the Bill of Rights,” SAHRC commissioner advocate Mohamed Ameermia said.
The commission is holding public hearings on access to housing, local governance and service delivery.
The three-day event that started on Monday was attended by officials from the national government and the Cape Town, Joburg and eThekwini metros.
Ameermia said government officials who did not fulfil their duties could face arrest.
“We must ensure that the Bill of Rights is respected at all times and we need to be knocking at the corridors of poor people to ensure that there is compliance.
“Hence we have the powers, in terms of the SA Human Rights Commission Act, to issue a subpoena if people do not come to the party.
“We can get them arrested as well.”
While the commission did not have the exact service delivery figures, it noted that there had been a spike in social unrest in communities across the country.
Ameermia said that was indicative of the “fault lines” around the provision of basic services, as highlighted by the commission’s water and sanitation report released last year.
The report, which was handed to Parliament, identified “systematic failures” in governance and budgeting as among the causes of service delivery problems.
SAHRC deputy chairwoman Pregs Govender said several presentations had indicated that communities had been extremely patient, despite the “depth of suffering they experience in relation to their children dying from preventable waterborne diseases”.
Another issue raised, she said, was the language that the government used.
It often stigmatised people who were poor and it did not ensure accountability from the companies involved.
“There is a level of the undermining of the human rights, particularly the right to dignity enshrined in our constitution and social justice. I think there is an urgency in relation to the response,” Govender said.
She said the commission was concerned that many of its reports that had been tabled before Parliament had not been implemented.
“(Another issue) is the question of accountability of business for the use of water, the pollution of that water, and how the government ensures accountability and redress into the interests of citizens.
“In terms of water theft, water usage and waste, we know that is by the huge companies in agribusiness and mining, and yet the focus of many people’s attention is on poor communities.”
Meanwhile, the SAHRC was meeting concerned groups such as the SA Board for Sheriffs, the Centre for Applied Legal Studies and the Legal Resources Centre.
Causes of poor service delivery
* Lack of corporate governance between departments and municipal services.
* Lack of capacity and skills.
* A high vacancy rate in municipalities
* Lack of transparency in the hiring of contractors and holding contractors accountable for the quality of the services delivered.
* Lack of understanding on implementation of human rights approach on service delivery in respect of transparency and public participation.
* Lack of monitoring and evaluation of projects implemented by local government.
* Lack of monitoring and evaluation of the utilisation of funds allocated to local governments.
The Star