The South African Human Rights Commission (SAHRC) has blasted the Ngaka Modiri Molema District Municipality in the North West for systemic service delivery failures.
Comprising several local municipalities, including Ditsobotla, Ratlou, Mahikeng, Ramotshere Moiloa, and Tswaing, the SAHRC published sweeping findings against the municipality in a detailed 150-page North West service delivery probe.
It noted that widespread failure to ensure sufficient, clean water and hygienic sanitation demonstrates a profound inability by Ngaka Modiri to uphold the fundamental rights of its residents.
This is seen through the fact that three local municipalities under the district municipality are currently under administration.
From prolonged water outages, consistent sewage spillages, crumbling roads and inconsistent refuse removal, residents have long suffered from an ailing local government.
“Failures point to Ngaka Modiri’s failure to honour its service delivery obligations in terms of section 152(1)(b) of the Constitution,” said the SAHRC.
This refers to the objectives of local government “to ensure the provision of services to communities in a sustainable manner.”
According to StatsSA, the district municipality has a population of roughly 940,000 people residing in approximately 260,000 households.
Data cited in the report noted that only 51.3% of households had piped water inside their homes or yards, and a significant 67.7% reported water interruptions.
In terms of sanitation, 122,938 households used flush toilets, 52,213 relied on VIP toilets, 69,277 used traditional pit toilets, and 6,188 households had no toilet access. Weekly refuse removal services reached just 31.3% of households.
The Commission’s investigation into nine pending complaints confirmed systemic service delivery failures, particularly concerning water access and sanitation.
Water access and quality violations
The SAHRC noted that there are persistent shortages across the municipality, which was found to be the case in a recent North West service delivery series on BusinessTech.
Complaints regarding water access challenges were substantiated in numerous areas, including Setlagole, Lichtenburg, Gareleng in Madibogo, Kraaipan, Mareetsane, and Zeerust.
The attempts made by Ngaka Modiri to address these challenges were often found to be inadequate.
For instance, despite being promised eight boreholes in Gareleng, only two were operational, leading residents to continue relying on private boreholes or donkey carts.
In some areas, water shortages were so severe that they sometimes disrupted schooling, resulting in children being released early.
The municipality achieved a No Drop Score of 0%, indicating a complete lack of efficiency in using its water resources.
The SAHRC noted that the widespread water access challenges violate residents’ rights to dignity and sufficient water.
Another concern raised was related to water quality.
In Montshiwa, Mahikeng, residents received brownish water that often had a strange smell and left residue, forcing them to buy drinking water.
While Ngaka Modiri claimed the Mmabatho Water Treatment Works refurbishment improved water quality, residual issues were reported in the reticulation system.
The 2023 Blue Drop Report by the Department of Water and Sanitation classified Ngaka Modiri’s water supply systems performance as very poor, scoring 36.7%.
Critically, the Blue Drop Report indicated that five of Ngaka Modiri’s water supply systems had unacceptable microbiological water quality, posing a serious, acute health risk to communities.
Recently, the municipal manager of the municipality became the first public official to be held personally liable for financial losses.
This comes after auditor-general Tsakane Maluleke slapped the Ngaka Modiri Molema municipal manager with her first certificate of debt.
The action stems from financial losses to the tune of R4.6 million from his mismanagement of a water tanker service tender.
Sanitation
The complaint regarding chronic sewage spillages in various areas was substantiated. One resident reported that the spillages had persisted for over a decade.
In Zeerust, a major sewer spillage was observed flowing alongside a primary school, forcing pupils to cross through the raw sewage on their way to class, which poses serious health and safety risks.
This was seen in the trip done by BusinessTech earlier this year.
The SAHRC said that the municipality’s failure to address sewage spillages infringed on residents’ rights to dignity and an environment that is not harmful to health and well-being.
Newsday recently reported that a criminal investigation has been opened into Ngaka Modiri over the discharge of raw or poorly treated sewage from its Sannieshof treatment plant.
Municipality response
The municipality responded to several complaints about systemic service delivery failures, especially water access and quality.
It reported that the refurbished Mmabatho and Mahikeng Water Treatment Works had improved water quality, with no further discolouration complaints.
In Setlagole, the municipality said it lacked authority to grant Water Authority status to Ratlou Local Municipality, but did not address the actual water access problem.
In Gareleng, Madibogo, it said two boreholes with storage and communal taps had become operational in 2023/24, improving supply.
For Kraaipan, it confirmed efforts to repair four non-functional boreholes but gave no timelines.
It also reported ongoing bioremediation at Setumo Dam and said three boreholes in Mareetsane had been drilled and connected to the reticulation system.
However, Ngaka Modiri did not respond to complaints about sewage spillages in Ipelegeng or water shortages in Lichtenburg and Zeerust.
Despite the interventions it reported, the Commission found that water quality and access problems persisted across the district.
It noted lingering water quality issues in Mahikeng’s reticulation system and insufficient progress in Setlagole, Lichtenburg, Gareleng, Kraaipan, Mareetsane and Zeerust.
The municipality did not respond to queries and has not addressed the report; however, recent social media posts show the mayor doing ‘oversight’ visits at the abovementioned plants to address water and sanitation problems in the municipality.’
However, allegations of maladministration persist. In late October, the police’s cold case unit and Special Task Force conducted a search and seizure operation.
It led to the confiscation of cellphones, laptops and electronics of some high-ranking municipal officials.
They reportedly targeted the offices of the Executive Mayor, Municipal Manager, and the Chief Financial Officer, among others.
Police say this forms part of ongoing investigations into corruption, fraud and maladministration.
Commission findings and directives
The Commission found that Ngaka Modiri failed in its constitutional and statutory obligations, including under Section 152(1)(b) of the Constitution.
The Commission issued directives requiring Ngaka Modiri to:
- Immediately deploy emergency teams to clear all existing sewage spillages in Ipelegeng within 24 hours of receiving the report, and implement a rapid response protocol for future spills.
- Submit a time-bound plan to permanently address sewage spillages in Ipelegeng.
- Submit a comprehensive plan to address water access challenges in all affected communities (Setlagole, Lichtenburg, Gareleng, Kraaipan, Mareetsane, and Zeerust) and ensure basic water supply.
- Address the residual water quality issues within the water reticulation system in Mahikeng.
Images and videos of Ngaka Modiri woes
Seth Thorne
newsday.co.za
