Joburg mayor Herman Mashaba faced a torrid grilling from a Chapter 9 institution over the City's "unwillingness" to deal decisively with "criminal" initiation schools, "which are literally killing our children".
The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Commission), slammed Mashaba on Wednesday in Joburg for not creating a by-law to regulate initiation schools, as well as not honouring invitations to the body to find solutions to the matter.
This comes as the City of Joburg has been given an effective 48 hours to decide whether or not it will comply with the CRL Rights Commission's recommendations, or face possible legal action to force compliance.
Mashaba and his seven-person contingent were summoned in terms of the CRL Rights Act because, according to the body, the city had failed to participate in the processes to curb child killings in the province resulting from initiation schools.
Thoko Mkhwanazi-Xaluva, CRL Rights Commission chairperson, charged that, because of rejected invites for the last two years, the city had become a haven for criminal gangs who abduct children from other parts of Gauteng and bring them to Joburg to be killed at bogus initiation, or turned into "young thugs".
"This is a lawless situation which cannot be allowed continue. People have elected you to protect their children and we feel you (Mashaba) are dropping the ball... We are tired of counting (dead children's) bodies.
"There is a factory manufacturing gangsters and it's in your city. We want to shut down the factory," Mkhwanazi-Xaluva asserted.
Part of the recommendations, which all Gauteng municipalities have adhered except for Joburg, were that by-laws had to be created so that land is set aside for initiation, water and health services are provided at sites, permits are issued and that local law enforcement agencies, together with the SAPS, monitor the schools rigorously.
Mashaba welcomed the opportunity to address the commission, but said the city could not create the by-law because a Bill dealing with customary initiation schools was before Parliament.
"The (Joburg) team felt it would be jumping the gun if we did by-laws before the finalisation of national legislation," Mashaba said.
However, Mkhwanazi-Xaluva pointed out that national legislation could take years before promulgation, that there was the Children's Act which dealt with initiating children and that the city had a responsibility to enforce the rule of law.
Mashaba agreed with her and committed the city's full support to the commission.
However, as soon as the mayor left the room, Joburg executives who were part of Mashaba's delegation and included city manager Ndivhuwo Lukhwareni, made an about-turn, emphasising that a decision was taken in April not to create by-laws and issue permits until Parliament concludes it's process.
This drew the ire of the six CRL commissioners in attendance, who accused the city of being willing participants in the death of children.
Mkhwanazi-Xaluva ended the hearing by saying that a plenary session will be held from Wednesday until Friday to discuss what commissioners felt was Joburg's arrogance and politicking during the meeting.
A decision will be taken on Friday, Mkhwanazi-Xaluva added, where legal action against the city would be an option.