Brooksfarm community Petition: EThekwini Metropolitan Municipality & Department of Cooperative Governance (KZN) briefing

Meeting report

The Chairperson welcomed Members, the delegations from the eThekwini Metropolitan Municipality, and the KwaZulu-Natal provincial legislature.

The delegation from the eThekwini Metropolitan Municipality consisted of Councillor (Cllr) Thanduxolo Sabelo, Chairperson of the Human Settlements and Infrastructure Committee; Mr Musa Mbhele, Chief Operations Officer, eThekwini Metropolitan Municipality; Ms Krish Kumar, Chief Financial Officer (CFO), eThekwini Metropolitan Municipality; Mr Ednick Msweli, Head of Water and Sanitation, eThekwini Metropolitan Municipality; and Mr Thanda Zulu, eThekwini Metropolitan Municipality. The Speaker for the eThekwini Metropolitan Municipality, Cllr Weziwe Thusi, was also present.

The eThekwini Metropolitan Municipality briefed the Committee on the progress made with the Ward 52 resident’s petition, which included Bhambayi, Mamba, Brooksfarm, and eMaoti community members. The meeting was a follow-up engagement with the eThekwini Metropolitan Municipality and KZN Department of Cooperative Governance and Traditional Affairs (COGTA), after a petition reached the Committee regarding a lack of service delivery. The City of eThekwini was invited to reply to the contents of the petition.

Opening remarks on the petition

The Chairperson said it is important for the Committee to engage with the progress report from the eThekwini Metropolitan Municipality. It is also crucial for the affected community members to have an opportunity to give feedback on the progress reported by the Municipality. The matter of the petition of the residents of Ward 52, including Bhambayi, Mamba, Brooksfarm, and eMaoti community members, was submitted to the Committee and to the National Assembly. The Committee previously resolved to conduct an oversight visit to the eThekwini Metropolitan Municipality, but when Members went to meet the community members, there were people attacking the petitioners. When the Committee visited the communities represented in the petition, the Ward Councillor led the Committee to a meeting of community members, who were opposed to the petition being submitted to Parliament. It is the right of every citizen to petition, if unsatisfied with the level of service provided by a public institution. The Committee must ensure this right is upheld. The petition included 14 grievances, and allegations involving the Municipality, relating to a lack of service delivery. It included complaints on housing; roads; drainage systems; healthcare; policing; partisan distribution of food parcels and vouchers; employment opportunities; and the arrogance of the Ward Councillor in the KZN provincial department of Human Settlements.

Cllr Sabelo said the Ward 52 resident’s petition was received through the National Assembly. As a result, the eThekwini Metropolitan Municipality put systems and programmes in place to address the concerns of the members of the community. Some of these systems and programmes already reached completion phase, while others are still at the inception of being implemented.

Briefing by the eThekwini Metropolitan Municipality on the petition

The only item on the agenda was for the Committee to be briefed by the eThekwini Metropolitan Municipality on the progress made with the petition of the residents of Ward 52, including the Bhambayi, Mamba, Brooksfarm, and eMaoti community members.

Mr Mbhele made the presentation to the Committee. The presentation refers to those items originally raised in the petition submitted by the residents of Ward 52. Certain issues needed to be clarified through engagements with the community. The briefing to the Committee will also speak on the issues which emanated during oversight visits to the communities.

Replies by the City of eThekwini to the Ward 52-petition

Regarding housing, the Municipality said it submitted a Stage One application to the KZN provincial department of Human Settlements in March 2020. The COVID-19 pandemic delayed the process of assessing the application, which is now being considered. The Municipality will start with the advertising process for the Bhambayi Housing Project tender. Once it obtains approval, the contractor is expected to start by April 2021. Construction was in progress. There are 340 units completed in the Amaoti Cuba pilot project, following the approval of the first stage of planning and implementation.

The Municipality said the Greater Amaoti is a catalytic project under Wards 52, 53, 56, 57, 59, and 103, which is estimated to yield 20 000 sites. The project is currently at its planning stage, and the first stage’s funding is approved. Completion expected by June 2021. Approval, in accordance with the Spatial Planning and Land Use Management Act (SPLUMA), is expected to be completed by May 2022.

The Amaoti Cuba pilot project is divided into four phases. Phase one was completed. There were 166 houses built, while the second and third phases are still in the planning stages. The total yield for the fourth phase will be 383 sites, with 42 sites already completed. There are challenges with informal structures, which slows progress. The completion date for the Bhambayi Housing Project is December 2021.

Regarding roads and stormwater, the Municipality presented a list of projects due for implementation in the area. It was reported a third concrete road or access way is halfway completed, and is scheduled to be completed by the end of April 2021. A fourth concrete road of 420 metres under the re-gravelling contract is 95% completed. There was blading toward the end of 2020. It is expected to resume at the beginning of April 2021. Inspections on the formal network in Ward 52 are ongoing, as per the inspection schedule. The necessary maintenance work will be implemented, as required. Other complaints pertaining to inadequate roads and storm water systems are being addressed by the Municipality. The Municipality is aware there were heavy rainstorms in the Province. This resulted in damage to the roads. It is expected the road conditions will be improve with the re-gravelling projects, which are underway.

On the matter of satellite healthcare facilities, the Municipality must engage with the eThekwini District Office of the KZN Provincial Department of Health to determine its feasibility. According to the relevant guidelines, healthcare users should be living or travelling within a five kilometre-radius of the facility. Ward 52 has direct access to the new Dr Pixley ka Seme hospital, and is surrounded by four other healthcare centres.

Regarding the request for a satellite police station, the South African Police Services (SAPS) believes the current policing arrangements are sufficient.

Regarding the electricity contractor mentioned in the allegations, the Municipality was accused of re-issuing the tender to the contractor. The project resumed in August 2020 and is now completed.

The Municipality made the Architectural Design Report, which relates to the R30 million multi-purpose centre, available to the Committee. It showed the facility would accommodate the residents of Ward 52. This project was planned by the KZN Provincial Department of Justice. There are no specific interventions being implemented by the Municipality in this regard.

Regarding ward committee members earning multiple salaries, the Municipality said these committee members were not municipal employees. It was however incumbent on the Municipality to pay these committee members out of pocket expenses for travel costs incurred while performing ward duties. It was confirmed a stipend of R1 000 is paid to each ward committee member, but the stipend is suspended for those members who fail to attend meetings or to submit claims as required. The Municipality has extremely strict internal control mechanisms which are scrutinised by the Municipality’s internal auditors, to ensure people who attend meetings are only paid one salary. No double payments were identified.

Regarding allegations of labour exploitation, the relevant contractor said the workers were not exploited, and the Municipality undertook to verify this claim. The Roads Provision Department’s Engineering Unit appointed GNS Civils for the construction of a road which runs through Ward 52 and 57. The contractor said there were no complaints regarding payments from local labour organisations, ward councillors, or the community liaison. Workers are paid weekly by the contractor, and payslips are issued accordingly.

Regarding the allegations of the partisan distribution of food parcels, the Municipality asked for evidence to be submitted to the Office of the Speaker of the Municipality. Perceptions alone did not constitute adequate evidence, and names had to be provided relating to those councillors who were assumed to be the recipients of the food parcels. The distribution of food parcels involved the ward councillors, as part of councillors’ designated responsibilities. There has been no court challenges regarding food parcels, meaning there is no presence of any legal issues. However, the food distribution process prevented public relations councillors from ensuring there was no politicisation in distribution. There was no evidence found to support the allegations of partisan distribution of food parcels within Ward 52.

Regarding allegations of politically-biased employment and subcontracting opportunities in Ward 52, the Municipality said its procurement process does not discriminate against entrepreneurs and job seekers based on political affiliation. In the absence of evidence to corroborate the allegations made in the petition, the Municipality said it conducted its own investigation and found no evidence of the alleged discrimination against job seekers based on political affiliation.

The Municipality, through the Office of the Speaker, looked into the alleged arrogance of Councillor Sthembiso Zulu, and found his refutation of the allegations satisfactory. The Office of the Speaker could not find any basis for these concerns.

A second housing company, Vuvama, was appointed to undertake the same project, namely the Pat Mashaba Project, because the previous appointed company was causing unnecessary delays in the process. The planning phase of this project is completed, but the community was dissatisfied with the response from the relevant municipal officials.

The matter of the Municipality having no open-door policy, and there being no proper communication with the Brooksfarm community about the Brooksfarm Housing Rectification Project, was raised. In this matter, it was averred the community engagement skills of the project’s Community Liaison Officer, Mr Gazu, were deficient. It was alleged solutions which are an alternative to demolishing people’s houses are available, if the Municipality was willing to sit and engage with the community.

Mr Gazu was appointed as the Community Liaison Officer by the eThekwini Metropolitan Municipality after a competitive interviewing process conducted before construction on the project commenced in 2016. The purpose of the rectification project was to rectify 465 units, of which 404 units were completed. Three units are being constructed, but there are 58 substantial housing units which require demolition. Existing and new houses cannot fit into the approved layout of 58 sites, and the beneficiaries of those sites are refusing to demolish existing structures. The Municipality and the KZN Provincial Department of Health are exploring the options of supplying building material to these 58 beneficiaries. Once approval is obtained, the building material will be supplied.

Responses to additional issues raised during the meeting

The Municipality replied to additional issues raised by the community during engagements.

(See attached presentation).

Complaints and allegations raised in previous engagements broadly related to:

• leakages on the roads;
• the urgency with which the Greater Amaoti, Juba Blose, and Pat Marshal Projects must commence;
• leaks on the Pat Marshal road affecting and flooding 60 houses;
• dangers houses could sink into the ground because of leakages;
• blocked sewer systems;
• old shacks and government houses needing upgrades;
• people who do not have housing structures in Brooksfarm;
• the City of eThekwini’s refusal to build retaining walls for storm water;
• ignoring issues emanating from Ward 52’s War Room;
• the lack of progress on the Gedleyihlekisa Project;
• the need to move sick people out of waterlogged houses;
• the alleged irregular expenditure of R351 million written off by the City of eThekwini;
• the alleged amount of R2.3bn unaccounted for, relating to a specific project;
• defects in ablution facilities;
• insufficient progress relating to debt recovery;
• the concern only 48 ward committees are functional;
• the high prevalence of sewer spillage and water losses in the City of eThekwini;
• the lack of a succession plan for the Chief Financial Officer upon retiring;
• the lack of consequence management for 62 councillors implicated in corruption;
• details of expenditure relating to the COVID-19 pandemic;
• sewer spillage into nearby rivers;
• a lack of updates regarding the Umbilo and Mobeni crematorium furnaces, which are closed;
• a lack of information as to why the City of eThekwini’s capital expenditure is declining;
• a lack of updates regarding the commissioning of a western aqueduct;
• a lack of information regarding the City of eThekwini’s disaster management plans;
• no updates on the money spent on security during the national COVID-19 lockdowns;
• a lack of information on the implementation plans, when striking officials block off major roads;
• a lack of details on the R30 million spent on entertainment and leisure;
• allegations ward committees are dysfunctional; and
• concerns regarding disciplinary cases involving senior management officials, not being prosecuted.

Municipality’s expenditure relating to the COVID-19 pandemic:

The Municipality reported COVID-19-related expenditure of R452 million during the 2019/20 financial year, and R121.57 million during the 2020/21 financial year. This included expenditure on employee-related costs, building contractors, poverty relief, aid grants, hire charges, consumables, general expenses, medical requisites, external security, cleaning materials, uniforms and protective clothing, contracted services, inventory, computer equipment, COVID-19 protective screens, static water tanks, and water dispensers. The Municipality also said its capital expenditure is declining.

Discussion

Ms H Mkhaliphi (EFF) thanked the delegation for the presentation. She noted concern because the progress report seemed to be a repetition of what was reported in the first engagement in 2020. The understanding was, after the Committee outlined the process going forward, the matter would also be approved by Parliament. This necessitated feedback from the relevant petitioners, about eThekwini Metropolitan Municipality’s progress. It is crucial the way forward be set down in stone. This is to ensure the Municipality implements and reports on the progress needed. The Municipality took the decision to implement the rectification project in 2014, but some people would not be able to benefit from the project because of a lack of space. Some people already extended houses. This project started in 1999, and delays caused many people to find alternative means, such as loans, to extend housing structures to fit their family. These people are now being punished because there is not enough land available for these people to benefit from the rectification project. It is important for the Municipality to explore ways to ensure justice for all people affected, and to address the concerns of people who extended houses. It is unfortunate to see the Mayor of the City of eThekwini did not attend the meeting. She asked for clarity on the issue of 30 people who have court documents saying the wrong people are occupying housing structures, and these people are therefore still in need of housing. She asked how the problem of wrongful occupants will be addressed.

The water challenges and issues facing these communities were raised in previous engagements. It is disturbing to see the Municipality employs skilled people to support KZN Provincial Department of Water and Sanitation, yet the issues raised by the community members persist. People in Ward 52 are going without access to water for several days.

She asked if there are any specific interventions or programmes in place to address these issues; how the Municipality will address the aging infrastructure in the community; what plans are in place to remedy the effects of houses getting flooded; and she said the lack of feedback from the Municipality to the petitioners is a serious concern.

The presentation given to the Committee suggests there is no real progress regarding complaints tendered by the communities of Ward 52. The Municipality must properly engage with the communities and residents of Ward 52, and find common ground to solve the issues raised, and build a lasting relationship.

Mr B Hadebe (ANC) welcomed the presentation made to Members. He noted concern regarding the progress report only partially covering the pertinent issues raised by the petition, by previous engagements with the Committee, and by the communities of Ward 52. This was especially the case regarding the irregular expenditure of the City of eThekwini. He asked how the Municipality arrived at the decision to write off the R301 million worth of irregular expenditure. Understandably, some parts of the irregular expenditure could have resulted in the Municipality receiving value for money, but it cannot be overemphasised that the funds were spent in contravention of standard supply chain management policies and prescribed legislation. The Committee must receive a detailed report on the irregular expenditure, including which officials were involved, and what steps the Municipality is taking to ensure similar situations are prevented in the future. The Municipality is compelled by law to report its irregular expenditure, and the measures put in place to reduce the amount of irregular expenditure. It is compelled to avoid future similar situations.

He asked for more comprehensive breakdowns of the progress regarding dysfunctional ward committees. The Committee needs it to assess if the measures put in place have the effect of yielding positive results. The Municipality should not only cite the challenges it experiences, but must note the remedial actions being put in place to mitigate the issues relating to sewer spillages. It is a serious infringement of people’s human rights to expect people to live in areas with a high prevalence of sewer spillages. It causes horrible smells and poses safety and health hazards. It cannot be accepted as a norm for South African people to live near open sewerage. It is the duty of the eThekwini Metropolitan Municipality to do everything in its power, and within its budget, and resources, to address the situation, especially given the 128 engineers it has at its disposal.

The Provincial Department of Human Settlements will work very closely with the Municipality, and follow up on matters raised. It will support the Municipality to find effective solutions.

Mr I Groenewald (FF+) said municipalities are not excluded from the Consumer Protection Act. Municipalities must comply with the legislative requirements regarding water and rates accounts of consumers, especially before people are deprived of these services because of arrear accounts.

Mr K Ceza (EFF) asked what the challenges are relating to water and open drains, and asked for clarity on what actions have been taken to rectify the issues raised by the communities of Ward 52. He asked how the Municipality will address the aging infrastructure in the community and ensure its continued maintenance. It is important for communities of Ward 52 not to be forced into even more deplorable living conditions. He asked what measures are put in place to address the concerns of the Auditor-General of South Africa (AGSA) regarding a lack of compliance with supply chain management policies.

Responses by the eThekwini Metropolitan Municipality

Mr Ednick Msweli, the Head of Water and Sanitation (eThekwini), responded that the 128 engineers working for the City of eThekwini are not only dedicated to aspects of water and sanitation. He stated that there are various programmes in place to address the concerns relating to open drains and sewerage. The sewer pipe replacement programme has just commenced, and the City of eThekwini has spent about R 2bn on replacing cement pipes that were old and needed upgrading. There has never been a programme in place to upgrade the overall sewer infrastructure that has aged and will continue to fail if it is not replaced. Such a programme will be implemented in the next financial year with an allocated budget for its operation. Contracts have expired that the City of eThekwini relief on for sewer maintenance, which contributes to the challenges and problems faced by the communities of Ward 52. The municipality is at the final stages of awarding contracts to replace the expired contractual agreements, and it is expected that these contracts will be awarded by the end of May 2021. The awarding of these contracts will bring significant improvements.

Load shedding remains a national challenge. It continues to impact service delivery. The supply chain management processes are underway for the procurement and installation of standby generators to mitigate the effects of load shedding. The increase in demand has resulted in a lack of redundancy in operational water pumps and pipes. This means, when there is a fault or a failure, there are no standby water pumps to rely on while the problems are being fixed. The project involving the western aqueduct has not been an easy task to take on. It was started back in 2008. A third of the population of eThekwini lives in rural settlements. There has been migration of people to new informal settlements. For this reason, infrastructure has been unable to satisfy the demand. The western aqueduct is still being finalised, with various upgrades being made.

The aging water and sanitation infrastructure remains a problem. The Municipality’s ability to mitigate these issues is constrained by budget. The sewerage problems pertain mostly to blockages. There are minimal repairs or replacements needed on a daily basis. Foreign objects, such as bricks, are placed in the sewerage systems, and it causes blockages. The communities of Ward 52 have access to water, but the issue of leakages is an issue. The Municipality is increasing its turnaround time to address water leakages reported by residents.

Dr Kumar replied to the questions regarding the Municipality adhering to the Consumer Protection Act. When the Municipality increases its tariffs, it follows the proper public consultation processes and conducts extensive discussions with National Treasury. Principles of affordability are followed, and the Municipality’s tariffs are linked closely to inflation cost-effective tariffs. The prices of electricity and water are also dictated by the suppliers of these services, such as Eskom. The Municipality had no major legal challenges relating to the Consumer Protection Act.

He said the Municipality is compiling a comprehensive report on irregular expenditure. Interventions to ensure a clean administration are being put into place. The last audit conducted on the Municipality showed a 50% reduction in irregular expenditure, and the Mayor of eThekwini continues to enforce a no-tolerance approach to irregular expenditure. The Municipality is working tirelessly to eliminate all forms of irregular expenditure and has been engaging with National Treasury and the KZN Provincial Department on COGTA on these issues. The Mayor of eThekwini set up a task team to deal AGSA findings, to ensure a clean audit finding is achieved together with a clean and effective administration.

Mr Lawrence Pato, Head of the Department, Human Settlements, eThekwini, said there has been joint inspections of houses for the Brooksfarm community, as outlined in the progress report. He read from the progress report and said the purpose of the rectification project was to rectify 465 units. Out of these units, 404 units are completed. Three units are in the process of being constructed, but there are 58 substantial housing units which require demolition.

Existing and new houses cannot fit on the approved layout of 58 sites. The beneficiaries of those sites are refusing to demolish existing structures. The Municipality and the KZN Provincial Department of Health are exploring the options of supplying building material to these 58 beneficiaries. Once approval is obtained, the building material will be supplied. The National Home Builders Registration Council (NHBRC) is obtaining advice regarding fitting and sustaining houses on the available land spaces.

Mr Zulu also read from the progress report and said a third concrete road or access way is halfway completed. It is scheduled to be completed by the end of April 2021. A fourth concrete road of 420 metres under the re-gravelling contract is 95% completed. Toward the end of 2020 blading was done, and is expected to resume at the beginning of April 2021. Inspections on the formal network in Ward 52 are ongoing, as per the inspection schedule, and the necessary maintenance work will be implemented as required.

The City of eThekwini has implemented a warning system for floods. The purpose is to foresee flood situations and adequately respond using the appointed contractors. This is necessary because the issue of flooding became a serious concern for the City of eThekwini and its residents. A total of 200 hotspots were identified as part of this programme. The Surface Roads Prioritisation Programme was implemented, and technical assessments were completed. This includes addressing issues related to crossings for rivers. Other pedestrian crossings will also be upgraded, including those in Ward 52. The appointment of contractors is underway. Various maintenance and upgrade programmes are underway, including for storm water systems, but it remains subject to securing requisite funding.

Feedback from the Ward 52 petitioners
The petitioners from the Ward 52 communities were collectively represented in the meeting by Mr Mpostolo Radebe. He noted dissatisfaction with the progress report as presented by the eThekwini Metropolitan Municipality. There is a lack of adequate communication between the petitioners and the Municipality. The petitioners are side-lined and not kept informed on the progress of matters, or the programmes implemented by the Municipality. The policing capacity in Ward 52 is not effective or adequate, which can be seen in the high murder rates in the area. The issue of ward committee members receiving multiple salaries is a valid concern, given the unemployment rates in Ward 52. There are many households without even one member receiving an income. Workers are threatened with dismissal for bringing labour complaints forward, and workers continue to be underpaid. Food parcels and food provided by feeding schemes are only delivered to certain people and distributed selectively. There is a continued lack of communication from the Municipality and other stakeholders, regarding informing the community on the progress of complaints lodged. Many community members are also facing retribution for lodging allegations in the petition. He said the Committee must experience living conditions in Ward 52 first-hand.

Responses by the eThekwini Metropolitan Municipality

Mr Mbhele said the City of eThekwini appreciates the feedback by petitioners of Ward 52. The issues raised by the petitioners must be investigated in more detail. The engagements and level of communication from the Municipality needs to be strengthened. The Municipality looked at if the workers were paid or not, but needs to ensure workers are paid the prescribed rates for the profession. It seems as if the issues raised by the petitioners regarding the partisan distribution of food parcels are happening in the darkness of night. This reflects people are stockpiling food. The Municipality needs to strengthen its controls and investigate the matter further.

Mr Zulu said the Municipality also needs to strengthen the way it conducts site visits. It is the duty of the City of eThekwini to ensure issues raised by community members are investigated properly on the ground. The issue of underpaying workers must be made a priority.

Ms Thusi thanked Members and the petitioners for the input. It is crucial for the Municipality to improve its level of engagement with the community members, to keep the community informed of progress with items raised in the petition. A good working relationship must be established. The Municipality is committed to ensure the issues raised are thoroughly investigated.

The Chairperson thanked the delegation, petitioners, and Members for the engagement and input throughout the meeting. The City of eThekwini has until 15 April 2021 to submit a detailed and comprehensive report to the Committee regarding its plans to engage further with the communities in Ward 52, for further investigation into the issues raised.

The meeting was adjourned.