City of Cape Town failed to render municipal services: Public Protector
The Public Protector, Kholeka Gcaleka, said the allegation that the City of Cape Town (CoCT) did not render basic municipal services in conformity with the Constitution and the law was substantiated.
The office of the Public Protector released its report into complaints of maladministration and improper prejudice in services rendered to residents of Langa Flats and Khayelitsha Township on Tuesday afternoon.
The report also found that the CoCT failed to sign lease agreements with all the residents of Langa Flats.
"The inability to sign lease agreements with residents impedes the duty by the state to put legislative and other measures in place to progressively realise the right of access to adequate housing as envisaged in section 26(2) of the Constitution and Item 3.3.2 of the Cape Town Metropolitan Municipality Allocation Policy: Housing Opportunities, 2022 (Policy Number 11969)," said Gcaleka.
She said the inability to sign lease agreements with Langa Flats residents contravened the Rental Housing Act, which requires written lease agreements.
Gcaleka added that this undermined the residents' security of tenure, which exposes them to uncertainty, disputes and vulnerability to arbitrary eviction.
The failure to sign leases also deprived the CoCT of enforceable mechanisms for rental collection, maintenance obligations and lawful enforcement of occupation terms.
Gcaleka recommended that within six months of receipt of this report, the Minister of Finance engage with the Minister for Human Settlements, the Minister for Cooperative Governance and Traditional Affairs, the Provincial Government of the Western Cape and the City of Cape Town to assess whether the existing intergovernmental fiscal framework, equitable share allocations and other funding mechanisms adequately support municipalities experiencing significant infrastructure backlogs, extensive informal settlements and increasing service delivery demands.
"In conducting the assessment, to consider the extent to which existing fiscal allocations and funding mechanisms enable municipalities to progressively realize the constitutional rights of residents to access basic municipal services, taking into account the competing demands on the national fiscals and the need to balance the equitable distribution of nationally raised revenue among the three spheres of government."
She also recommended that a report be submitted to her office on the outcome of the assessment.
"In light of the findings and observations contained, I am of the view that the Minister of Human Settlements should take cognizance of these issues, particularly insofar as they relate to intergovernmental coordination, planning alignment, and the effective delivery of human settlements within the framework of cooperative governance."
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