North West: Intervenes In Tswaing Municipality Over Maladministration

• The North West provincial government has intensified its intervention in the Tswaing Local Municipality, appointing a representative to oversee its functions.
• This action follows the municipality's consistent failure to address widespread service delivery issues, including raw sewage, lack of drinking water, and poor sanitation affecting approximately 130,000 residents.
• A 2023 SAHRC investigation found that residents' constitutional rights were being violated, and the commission is now considering litigation due to non-compliance.
• An MEC-ordered report uncovered significant Tswaing Municipality maladministration, including alleged irregular payments, appointments, and R47.7-million in legal costs, with findings referred to law enforcement.
• Only 62% of Tswaing households had piped water on site and 50% had flush toilets connected according to 2022 StatsSA data, highlighting systemic service failures.

The North West provincial government has significantly escalated its intervention in the Tswaing Local Municipality, appointing a provincial representative to assume the responsibilities of the council and accounting officer.

The North West provincial government has significantly escalated its intervention in the Tswaing Local Municipality, appointing a provincial representative to assume the responsibilities of the council and accounting officer. This decisive action follows the municipality's consistent failure to implement directives issued by the province since 2022, aimed at addressing widespread service delivery failures and alleged maladministration. Gaoage Molapisi, the North West MEC for Cooperative Governance, Human Settlements and Traditional Affairs, announced on September 23 that Moatlhodi Mosala would now lead efforts to intensify focus on these directives, which stem from a scathing report ordered by the MEC.

This intensified North West municipal intervention comes as residents grapple with dire living conditions. In Letsopa, Ottosdal, Abraham Moreo's street is perpetually flooded with raw sewage, which has carved out a permanent channel. Moreo, a 30-year resident, describes the pervasive smell as unbearable at night and a significant health hazard for his family and the estimated 130,000 residents of Tswaing. GroundUp observed toddlers and elderly residents navigating shin-deep sewage across yards, roads, and pavements, highlighting the severity of the crisis.

Beyond the sewage, basic amenities are severely lacking. Moreo's section of Letsopa has no drinking water, forcing residents to walk long distances with 5-litre buckets daily. Other issues include an inconsistent power supply, dilapidated public infrastructure, and irregular refuse collection. In Agisanang near Sannieshof, pensioner Dora Seleke and 17 family members share a single shack, relying on her pension to pay approximately R30 daily for six 5-litre bottles of water, or carrying it herself when funds are scarce. Her household is among roughly 4,000 in the municipality located more than 200 metres from a water supply point, according to the municipality's draft 2024/25 annual report.

The South African Human Rights Commission (SAHRC) concluded in a 2023 investigation that the Tswaing water sanitation human rights of residents were being violated due to the municipality's failures. Shirley Mlombo, the SAHRC North West manager, confirmed that the municipality has also failed to comply with the commission's directives, leading the SAHRC to consider litigation against the local authority. This potential SAHRC Tswaing litigation underscores the gravity of the situation, as over 7,000 households lack basic sanitation, and Seleke must walk considerable distances to find a toilet.

The SAHRC has attributed the sanitation failures not only to the Tswaing Municipality but also to the Ngaka Modiri Molema District Municipality, which holds responsibility for bulk water supply, wastewater treatment plants, and sewage pump stations serving areas like Ottosdal, Sannieshof, Delareyville, and Atamelang. The provincial MEC's report further detailed significant concerns regarding Tswaing Municipality maladministration, including alleged irregular payments and appointments, disputed council resolutions, procurement irregularities, and an attempted transaction involving municipal land. These findings, along with approximately R47.7-million in legal costs, have been referred to law enforcement authorities.

The current provincial intervention is a response to a long-standing pattern of neglect and non-compliance by the Tswaing Local Municipality. Residents like Abraham Moreo articulate a profound sense of abandonment, describing the local government as "uncaring" and "doing nothing, absolutely nothing" to improve their lives. The municipality's consistent failure to obey provincial instructions has culminated in a situation where basic services are non-existent for a significant portion of its 130,000 inhabitants.

Statistical data paints a stark picture of the municipality's shortcomings. According to 2022 StatsSA census data, just over 62% of households in Tswaing had piped water on site, only 31% received weekly refuse removal, and 50% had flush toilets connected to the system. These figures, combined with the personal accounts of residents, illustrate a systemic breakdown in governance and service delivery that has prompted the North West to intervene directly to protect the fundamental rights of its citizens.

Lawyers and compliance officers should note the escalating provincial intervention and potential SAHRC litigation against non-compliant municipalities, highlighting significant administrative and human rights law risks for local government officials and potential avenues for public interest litigation regarding service delivery failures.

Source: Original reporting via GroundUp