By Lehlohonolo Lehana.
Public Protector Kholeka Gcaleka has released the findings into allegations of undue delay and/or failure by the City of Tshwane (CoT) to supply the residents of Hammanskraal with clean water that is suitable for human consumption.
This follows two reports relating to the same matter were issued by the Hammanskraal Community Water Inquiry and the South African Human Rights Commission (SAHRC) respectively, confirming that the water in Hammanskraal is not of good quality.
More than 20 people died in Hammanskraal following a cholera outbreak earlier this year.
Gcaleka said the notices in terms of section 7(9)(a) of the Public Protector Act were issued to the Municipality, Department of Water and Sanitation, National Treasury, Department of Cooperative Governance and Traditional Affairs (CoGTA) and Department of Human Settlements (DHS) to respond to the interim findings.
Having regard to the evidence and regulatory framework determining the standard that should have been complied with, the allegation that there is undue delay and/or failure by the CoT to supply the residents of Hammanskraal with clean water that is suitable for human consumption is substantiated, said Gcaleka.
The findings by the Public Protector are as follows:
– The residents of Hammanskraal are not receiving clean water that is suitable for human consumption due to a partially functional and/or dysfunctional state and condition of the Rooiwal Waste Water Treatment Works (Rooiwal WWTW).
– The lack of access to clean and potable water poses a danger to the lives of affected community members, constitutes a continuous gross inconvenience and improper prejudice to the residents of Hammanskraal.
– Rooiwal WWTW lacks adequate and optimum functional capacity in respect of its original design to treat the inflow of wastewater. As a result, it has a problem of cleaning organic and solid waste as well as other water pollutants it receives from its increased catchment areas, such as households and factories.
– According to the CoT’s, the hydraulic flow or the amount of water coming into the Rooiwal WWTW plant to be treated is approximately 130 million litres per day and the plant experiences an 18% overload. The plant was designed to treat only 110 million litres per day.
– As a result of this hydraulic overload and recurring mechanical breakdowns of machinery as indicated in the evidence, the final treated wastewater – discharged from the Rooiwal WWTW plant into the Apies River does not comply with the quality standards set, which is a serious non-compliance issue.
Gcaleka added that, The conduct of the CoT is also at variance with the obligations imposed on the Municipality by sections 4(2), 8(2), 23(1), 73(1) and 83(3) of the Local Government Municipal Systems Act. The conduct of the CoT is further irreconcilable with the provisions of sections 2(2) and 3(1) of the National Water Act, as well as section 11(1) of the Water Services Act.
She said her office recommended that this matter should be treated as an emergency, which requires the buy-in of other affected organs of state and mutual recognition of the pressing need to address water problems in the area.
Remedial Action
– The Municipal Manager of the CoT must within sixty (60) calendar days develop an Implementation Plan setting out the measures, including prioritisation of capital funding within its available resources to be undertaken to upgrade and refurbish the Rooiwal WWTW in order to address the ongoing water quality failures at the TWTW, as highlighted in this report.
– Submit the Implementation Plan to the Executive Mayor of the CoT for tabling before the Municipal Council of the CoT and to the Member of the Executive Council (MEC) for CoGTA in the Gauteng province for monitoring of implementation.
– Ensure that the approved 2023/24 Medium Term Revenue and Expenditure Framework (MTREF) with a reprioritised Urban Settlement Development Grant (USDG) allocation of R450 million over the next three years for the completion of Phase 1 of the Rooiwal WWTW refurbishment and upgrade project is effectively used for that purpose and certify to the National Treasury that the allocation is specifically and exclusively appropriated in that budget for utilisation only according to the purpose of the allocation as contemplated in section 11(2) of DoRA; and Ensure that the R60 million operational grant funding sought from the DBSA to fund the Rooiwal WWTW’s Maintenance Plan is effectively and sufficiently utilised for that purpose, as and when the application for funding is approved.
– The Executive Mayor of the CoT must within sixty (60) calendar days table a copy of the Report No 24 of 2023/2024 through the Speaker of the Municipal Council of the CoT for discussion: and Receive and consider the Implementation Plan developed by the Municipal Manager, setting out steps/measures to be taken by the CoT to address deficiencies and shortcomings at the Rooiwal WWTW, which result in water quality failures at the TWTW, as highlighted in this report.
– The Minister for Water and Sanitation must within sixty (60) calendar days take appropriate steps or measures as he may deem necessary to work collaboratively with the CoT in addressing the water challenges in Hammanskraal in order to eradicate the situation that contributes to the poor quality of water at TWTW, as highlighted in the report, in line with the principles of cooperative governance envisaged in Sections 41 and 154 of the Constitution.
– The MEC for COGTA in the Gauteng province must within sixty (60) calendar days from the date of receipt of the Implementation Plan developed by the Municipal Manager, establish appropriate monitoring mechanisms in line with the powers vested to him/her under section 105(1) of Local Government Municipal Systems Act in order to oversee the CoT’s progress in connection with measures to address the ongoing poor quality of water at the TWTW, as highlighted in this report.
The Director-General of the Department of Human Settlements must within sixty (60) calendar days, in line with the provisions of section 9(1)(b) of DoRA develop monitoring mechanisms for the financial and non-financial performance of the CoT regarding the Hammanskraal Water Project funded by an allocation in Part B of Schedule 4, in accordance with subsection (2) and the applicable framework, for the current financial year;
In terms of section 9(1)(e) and (f) of DoRA, provide National Treasury with monitoring information on the financial and non-financial performance by the CoT of the USDG against the capital budget and the service delivery and budget implementation plan; and Urgently evaluate the performance of the Hammanskraal Water Project funded by the allocation contemplated in Part B of Schedule 4 of DoRA and submit such evaluations to the National Treasury and the Minister of Human Settlements with recommendation on action to be taken.