ATC221017: Report of the Select Committee on Petitions and Executive Undertakings on the hearing of the Flag Boshielo Petition, held on 09 June 2022. and an Inspection in Loco to the Community of Flag Boshielo West Area in the Sekhukhune District Municipality, Limpopo Province, on 26 August 2022, as adopted on 13 October 2022
NCOP Petitions and Executive Undertakings
Report of the Select Committee on Petitions and Executive Undertakings on the hearing of the Flag Boshielo Petition, held on 09 June 2022. and an Inspection in Loco to the Community of Flag Boshielo West Area in the Sekhukhune District Municipality, Limpopo Province, on 26 August 2022, as adopted on 13 October 2022.
- BACKGROUND
The Select Committee on Petitions and Executive Undertakings (Committee), having considered the Flag Boshielo Petition, referred to the Committee by the Chairperson of the National Council of Provinces (NCOP), for its consideration and resolution, reports as follows:
The Flag Boshielo Petition (petition) was submitted to the NCOP by Ms Basetsana Koitsioe (petitioner), an attorney at the Centre for Applied Legal Studies, submitted on behalf of the community of Flag Boshielo West area in the Sekhukhune District Municipality, Limpopo Province.
The petition is requesting the NCOP to recommend the Limpopo Provincial Government Executive Council that it dissolve the Municipal Council of the Sekhukhune District Municipality, and place it under administration, in terms of the section 139 (1) (c) of the Constitution. Further, that the NCOP recommend that the administrator’s first order of business be the provision of clean running water for the aforementioned community.
The petitioner alleges:
- The Sekhukhune District Municipality has failed to provide clean running water to the community of Flag Boshielo West Area for several years; and
- The community have approached the courts on five separate occasions. The court orders had been granted in favour of the community but the municipality has failed to comply with the court orders.
According to the petitioner, she had sought assistance from the Sekhukhune District Municipality, the Limpopo Department of Cooperative Governance and Traditional Affairs, Department of Water and Sanitation, office of the Presidency to no avail.
2. HEARING
On 09 June 2022, the Committee held a hearing on the petition via a virtual platform, where the petitioner and relevant stakeholders were invited. The purpose was to afford the petitioner and relevant stakeholders with an opportunity to make first-hand oral submissions in relation to the subject matter of the petition.
- Committee Members and Officials
The following Committee Members were in attendance:
2.1.1 Hon A D Maleka, ANC, Mpumalanga (Chairperson);
2.1.2 Hon N Ndongeni, ANC, Eastern Cape;
2.1.3 Hon S Shaikh, ANC, Limpopo;
2.1.4 Hon B M Bartlett, ANC, Northern Cape;
2.1.5 Hon T S C Dodovu, ANC North West;
2.1.6 Hon C Visser, DA, North West;
2.1.7 Hon K Motsamai, EFF, Gauteng, and
2.1.8 Hon S Zandamela, EFF, Mpumalanga
The following Committee officials were in attendance:
2.1.9 Mr N Mkhize, Committee Secretary;
2.1.10 Mr X Simelane, Researcher/Acting Content Advisor;
2.1.11 Mr. M Erasmus, Committee Assistant, and
2.1.12 Mrs F Fakier, Executive Secretary
2.2 Stakeholders
The following stakeholders were in attendance:
2.2.1 Ms B Koitsioe, Petitioner;
2.2.2 Representatives from the Sekhukhune District Municipality, Mr. M Motsapi (Head of Department, Corporate Legal Services) and Mr. M Mokoena (Manager, Strategic Advancement and Stakeholder Management);
2.2.3 Representatives from the Department of Human Settlement, Ms. Z Dhludhla (Chief Director).
- SUBMISSIONS BY THE PETITIONER
The petitioner, Ms B Koitsioe (the petitioner) led the oral submissions on behalf of the community of Flag Boshielo West area, in the Sekhukhune District Municipality, Limpopo Province.
The petitioner in her submissions expanded on the following grievances and allegations contained in the petition, namely:
3.1.1 the Sekhukhune District Municipality has failed to provide clean running water to the community of Flag Boshielo West area for several years;
3.1.2 the complaint was submitted to the Sekhukhune District Municipality, the Limpopo Department of Co-operative Governance and Traditional Affairs, Department of Water and Sanitation and the Office of the Presidency to no avail; and
3.1.3 the community had approached the courts on five separate occasions. The court orders had been granted in favour of the community but the municipality had failed to comply with the court orders.
The petitioner seeks the following assistance from the NCOP:
3.1.4 to recommend to the Limpopo Provincial Government Executive Council that it dissolve the Sekhukhune District Municipality, and place it under administration, in terms 139 (1) (c) of the Constitution; and
3.1.5 to recommend that the administrator’s first order of business be the provision of clean running water for the aforementioned community.
In concluding her submission, Ms Koitsioe submitted that all the possible legal and administrative remedies were exhausted. Despite, the petition gaining over 7 000 signatures and handed over to the Office of the Presidency in November 2021, no response was received from either the Office of the Presidency or the Department of Water and Sanitation.
Lastly, the petitioner reported that in May 2021, the Municipality completed the construction of the water plant, however the community continued to have water shortages. Ms Koitsioe reiterated to the Committee that it should hold the Department of Water and Sanitation and all spheres of government to account for their consistent neglect of the community’s Section 27 constitutional rights.
- SUBMISSIONS BY THE SEKHUKHUNE DISTRICT MUNICIPALITY
The oral submission on behalf of the Sekhukhune District Municipality (Municipality) was led by Mr Malatji, Head of Corporate Legal section of the Sekhukhune District Municipality.
In his submission, Mr Malatji first informed the Committee that the matter was still before court, he suggested that it is premature to refer the matter to the Committee, and argued that an attempt to entertain the petition has the potential to undermine the Legal Process (Judicial Case Management) which is currently on-going.
Mr Malatji further submitted that the petition should not be entertained, and the Complainants be advised to pursue to conclusion, the legal process which they commenced as dominus litis under case number 15437/2015. He then proceeded to provide the Committee with the background facts of the matter and the Municipality’s views and position on same.
It was submitted that due to the scheme design, it was necessary that water be distributed to the villages through a rotational plan wherein water distribution was distributed to all the villages equitably. And that over and above implementing the rotation system, the municipality constructed a package purification plant, which was capable of pumping 4 mega litres of water per day.
Mr Malatji further submitted that the rotation plan led to numerous complaints by the residents. The complaints range from insufficient water, inconsistent water supply and no water supply at all. The Committee was further made aware that complainants instituted a Court Application, to compel the Municipality to provide them with 25 litres of free basic water per person per day (25l/c/d). The Committee was made aware that it is common cause that the Complainants are not paying for the water that is supplied and distributed as per the interim court order.
The Committee was then presented with a technical data (shown below) obtained from Lepelle Northern Water and the Municipality (Population register) indicate that the Municipality’s supply of water is in excess to the required 25l per person, per day (per Capita).
|
Households |
Population |
Demand in Ml/day (25l/c/d) |
Demand in Ml/day(25&60/c/d) |
Demand in Ml/day (60&100/c/d) |
Current storage in Ml/day |
|
|
Elandskraal |
1310 |
6225 |
0,20 |
0,48 |
0,79 |
1,20 |
|
|
Morarela/Hinlopen |
524 |
2490 |
0,08 |
0,08 |
0,19 |
0,60 |
|
|
Mbuzini/Weltevrede |
284 |
1350 |
0,04 |
0,04 |
0,10 |
0,60 |
|
|
Tsantsabela/ van Der Merwes Kraal |
1061 |
5042 |
0,16 |
0,38 |
0,64 |
0,60 |
|
|
Dicheoung/Doornpoort |
|
1701 |
0,05 |
0,05 |
0,13 |
0,60 |
|
|
|
3537 |
16808 |
0,53 |
1,04 |
1,86 |
3,6 |
Mr Malatji pointed out that with the current technical data, the Municipality’s supply in accordance with “RDP standards” is in excess of the legislative requirements.
The Committee was made aware that Lepelle Northern Water currently supplies in excess of 3ML per day to the Flag Boshielo West Region to a population of 16 808. The calculations clearly indicate that the supply is far in excess of the required legislative standards. Over and above the supply through reticulation, the Municipality further supplies water through the installed Jojo tanks.
Mr Malatji submitted that a major issue which the Municipality have identified to be a source of the problem is that the community expects the Municipality to supply water in accordance with Township/City standards. Prior inspections in loco which the Municipality carried out revealed that households have developed, and houses are equipped with storage tanks connected to the reticulation lines.
The Municipality further submitted that during distribution through reticulation system, households equipped with Polyethylene storage tanks which are connected to the reticulation lines (illegally) tends to take more water from the system than the provided per capita allocation to the detriment of those less fortunate financially to afford the Polyethylene storage tanks. This has, over the years, led to most of the less fortunate not having sufficient water because the rich are stealing from the poor.
The Committee was further informed that the Municipality has tried unsuccessfully to put measures in place to curb this unfortunate situation. The Municipality in 2016 attempted to install water measuring metres in households to measure the individual usage per households but the measures were met with hostility from the Community and the metres were removed and vandalised. The Community refused to pay or be subjected to water measuring in what they believed was supposed to be “Free Water”.
Mr Malatji also submitted that the Municipality is currently supplying water to all its constituents in accordance with the required legislative standards. Technical data further indicated that the supply to the Flag Boshielo West Region (in particular) is way in excess of the required standards.
Lastly, the Committee was informed that the Municipality has done a lot in progressively realizing the rights of the Community. The Municipality was providing 1.5 ML of water per day to the Flag Boshielo West Region. The quantities have over the years increased dramatically through the intervention and case management of the matter. Currently the Municipality provides just over 3ML of water to the Flag Boshielo West Region. Therefore, it was indicated to the Committee that there is no basis (factually, administratively or legally) advanced for the consideration of placing the Municipality under section 139 (1)(c) administration.
5 INSPECTION IN LOCO
After the hearing on the petition on 09 June 2022, the Committee resolved that given the urgency of the situation, it had to carry out an inspection in loco at relevant sites within the Municipality. Accordingly, on 26 August 2022, the Committee conducted the inspection in loco within the Municipality and the following Committee Members conducted the inspection in loco:
5.1.1 Hon A D Maleka, ANC, Mpumalanga (Chairperson);
5.1.2 Hon N Ndongeni, ANC, Eastern Cape;
5.1.3 Hon S Shaikh, ANC, Limpopo;
5.1.4 Hon B M Bartlett, ANC, Northern Cape;
5.1.5 Hon EM Mthethwa, ANC, KwaZulu/Natal
5.1.6 Hon I M Sileku, DA, Western Cape;
5.1.7 Hon C Visser, DA, North West;
5.1.8 Hon K Motsamai, EFF, Gauteng, and
5.1.9 Hon S Zandamela, EFF, Mpumalanga
The following Committee officials were in attendance:
5.1.10 Mr N Mkhize, Committee Secretary;
5.1.11 Mr X Simelane, Researcher/Acting Content Advisor;
5.1.12 Mr. M Erasmus, Committee Assistant
In the company of Members and officials during the inspection in loco, the Committee was led
by Cllr J L Mathebe, Executive Mayor- Sekhukhune District Municipality. The inspection in loco was also attended by Municipality officials and numerous community members.
During the inspection in loco, the Committee was led and guided to the following relevant sites:
- Elandskraal reservoir
- Regae/Tsantsabela reservoir
- Two houses on the main street in Regae/Tsantsabela village
Before the inspection in loco, the Committee proceeded to have briefing at the Flag Boshielo Water Treatment Plant, Sekhukhune District Municipality, Limpopo Province.
6. BREIFING
The purpose of the briefing was to allow the Sekhukhune District Municipality and the petitioners to present progress reports to the Committee on the issues raised during its first petition hearing on 09 June 2022, held in Parliament.
6.1. Submissions by the Sekhukhune District Municipality
Submissions by the Municipality were led by Cllr J L Mathebe, the Executive Mayor of the Municipality. The Mayor commenced her submissions by first acknowledging that the issues raised in the petition are events that indeed took place, that the community had approached the court and the court orders had been granted in favour of the petitioners. However, the Municipality argued that it is complying with the court orders by supplying the community with adequate potable water through its reticulation system twice a week, as well the water supplied through jojo tanks.
In the course of her submission, the Mayor informed the Committee, that it regularly notifies the community through its ward councillors of the dates on which water would be reticulated and of the breakdown as they happened at the treatment plant. The Mayor further informed the Committee that the water plant is managed and operated by a service provider, Lepelle Northern Water.
- Submissions by the Petitioners
The petitioners, in their submissions expanded on the following grievances and allegations already articulated in the petition, namely:
6.2.1 The Municipality has deliberately and consistently failed to comply with its obligations to provide access to water;
6.2.2 The failure of the Municipality means that it has also fallen short of its constitutional duties to provide access to clean and safe water on regular bases; and
6.2.3 There is a general lack of transparency and communication between the Municipality and the community members.
After the briefing the Committee proceeded to have an inspection in loco at the sites mentioned above, in Flag Boshielo west area.
- Inspection in Loco at Flag Boshielo Water Treatment and the Community of Flag Boshielo West Area, Sekhukhune District Municipality
The Committee was led to two water reservoirs within the Community as well as to two houses where the Municipality showed the Committee that water supply is being provided.
- Debriefing
During the debriefing, the Chairperson notified the petitioners and stakeholders that the Committee will set a time and date for it to deliberate on the submissions made during the inspection in loco and thereafter report back on the recommendations made.
- OBSERVATIONS AND KEY FINDINGS
The Committee made the following observations and key findings based on the various submissions made and also based on its own observations whilst touring the sites:
7.1 When water is supplied, it is only for an hour until the next time it is supplied and this is not enough for the day to day needs of the Community. In addition, water leaks from pipes, and the municipality apparently does not report these leakages nor repair them. In some instances, the community does not get water for approximately 6 weeks because the trucks would “have gone for servicing”.
7.2 The Community stressed that the construction of the water treatment facility was supposed to be completed in December 2016. Now that it is complete, after a considerably long period, capacity should surely no longer be an issue. Yet the community still does not have access to clean and sufficient water on a regular basis.
7.3 The Municipality alternates between street sections or blocks in terms of water supply. The Community also stated that the Municipality is not transparent with them and they still receive water bills and are expected to pay these bills which amount to roughly R4000. The Community does not have the money to pay such for the bills when they are not receiving the service.
7.4 The Municipality claimed that they hold monthly meetings, where affected communities are able to raise their issues and they apparently also communicate via ward councillors. Regardless of these claims, events on the ground seem to suggest that there is no proper and clear communication between the Community and the Municipality.
8. RECOMMENDATIONS/SUGGESTIONS BY PETITIONERS
Subsequent to the inspection in loco, the petitioners have further requested:
8.1 that the Select Committee recommend that a financial audit on the district Municipality takes place. The Flag Boshielo Community requests that the Select Committee recommends that the Municipality’s funds be scrutinised.
8.2 that the Select Committee recommends that the Municipality commits funds to the installation of fully functional pipes and taps.
8.3 that whilst the Municipality works on installation of fully functional pipes and taps in the various households without taps (including the leaking taps), the Municipality must ensure that they supply water for 24 hours a day, 7 days a week.
8.4 that the committee recommends that the Municipality give the community clear timelines as to when the taps and pipes will be installed.
8.5 that the Select Committee recommend a conducive billing system and that the Select Committee recommend immediate measures to remove impurities, foul smells discolouration and microorganisms (to be completed by the Municipality within 3 months).
8.6 that the Select Committee demand a report by the Department of Water Affairs detailing measures put in place to ensure that the challenge is progressively resolved (to be completed within 6 months); and a bi-annual report indicating progress made towards the progressive realisation of the right to adequate water, as well as continued monitoring of the water supply.
- RECOMMENDATIONS/SUGGESTIONS BY THE COMMITTEE
9.1 The Committee concluded that a time frame of two months be given within which the Municipality should report back to the NCOP on a way forward to facilitate water supply to the five villages within the Sekhukhune District Municipality. This should be done by providing the NCOP with a progress report within 60 days of the tabling of this Report in the House.
9.2 In the process leading to the two-months period stipulated in recommendation 9.1, the Municipality is requested to provide the NCOP with a monthly progress report indicating the steps they have taken to facilitate water supply to the five villages within the Sekhukhune District Municipality. This should include the following:
- Progress on engagement with the Provincial Executive stepping in and providing support to the Municipalities ; and
- Progress on engagement with the Department of Water and Sanitation.
9.3 Municipality is to improve its relationship and communication with the communities by, amongst others, hosting regular Mayoral Imbizos and public meetings.
Report to be considered