The Moqhaka local municipality “violated the right to human dignity” when it built unenclosed toilets in the Free State township of Rammulotsi, the South African Human Rights Commission said on Monday
This was according to its findings of the investigation into the toilet situation in Rammulotsi following a complaint from the Democratic Alliance’s Gareth van Onselen. The findings were released on Monday afternoon, and came seven months after Van Onselen laid the complaint.
According to the findings, the municipality “failed to adequately conceptualise, plan and implement its project, which resulted in the residents being forced to use unenclosed toilets”.
The commission also found that the municipality’s “explanation that it lacked adequate resources was not justified and therefore unacceptable”.
James Motha, the senior economic researcher in the investigation, said that even though the commission repeatedly requested the integrated development plan from the municipality, it was not forthcoming. This meant that the commission could not put a cost to the toilets.
“We found that the municipality had underspent on salaries and repairs and maintenance,” he said. “The information they gave us was incomplete and it is unacceptable. It could be argued that they were uncooperative.”
The findings further held that “the complaint of violations to the rights of human dignity, privacy and a clean environment are upheld”.
The commission made recommendations that the municipality “proceed with urgency to enclose all toilets” and that it provides the commission with a progress report every six months.
‘Limited resources’
The commission’s deputy chairperson, Pregs Govender, said that the commission’s recommendations are enforceable.
“If there is no response, the commission has the power of subpoena,” she said. “We can ensure that Parliament uses its powers to follow up on our findings.
Chief executive of the commission Kayum Ahmed said that the reason the investigation took seven months to be concluded was that the commission had “limited resources”.
“Our legal officer in the province had resigned, and we spent a long time trying to fill that vacancy. This is why the findings took longer they did in the previous matter.”
He was referring to the matter in which the ANC laid a similar complaint against the DA, regarding open toilets in the DA-run municipality of Makhaza in the Western Cape. This investigation was completed within four months.
Last week the Mail & Guardian exposed deep corruption within the Moqhaka municipality, highlighting allegations from residents that both the mayor, Mantebu Mokgosi, and the chief whip of the municipality, Justice Mareka, had benefited from tenders awarded to companies to build the toilets.
The DA has subsequently written to the Public Protector to investigate the matter.