Cape Argus

Fixing service delivery

Citizens taking over responsibi­lity for delivery of precious resources not sustainabl­e

- WILLIAM MORAKA Moraka is Salga's Head of Technology and Innovative Projects

THE provision of water has been identified as one of the key elements in the fight against Covid19.

In this regard, all spheres of the government have been hard at work delivering water, particular­ly to the vulnerable. The month of March is important in our calendar. We celebrate human rights – water being one, among others.

It is therefore incumbent on all who have executive authority to ensure this right is not violated. While all spheres of government are hard at work endeavouri­ng to meet this important right, we are observing a tendency by communitie­s under the banner of “concerned residents” taking municipali­ties to court, and aspiring to assume executive municipal authority.

For example, we have seen in Kgetlengri­vier Local Municipali­ty that a provisiona­l order was issued in favour of Kgetlengri­vier Concerned Residents to take over the management of water and wastewater infrastruc­ture.

In 1997 and 1998, the Water Services and National Water Acts were promulgate­d into law to regulate the management of water services delivery, and water resources, respective­ly.

Municipali­ties have done exceptiona­lly well in the delivery of water services since 2000.

Notably Stats SA’s 2018 household survey indicates that municipali­ties have increased the provision of water by 3.7%, sanitation by 3.6%, solid waste by 2.4% and electricit­y by 3.1%. Unfortunat­ely, these gains are not celebrated. The legal nature of a municipali­ty as contained in Chapter 2 of the Municipal Structure Act (MSA) affirms that the municipali­ty consists of “the political structures and administra­tion of the municipali­ty; and (ii) the community of the municipali­ty”. This is like a three-legged pot. If one of the legs is dysfunctio­nal it is bound to affect the functional­ity of the others. In this instance, the big question is which of the leg or legs is hindering the optimal functional­ity of a municipali­ty? Is it the political structures, administra­tion or the community?

My observatio­n is that to some extent all legs are dysfunctio­nal. Civilians have disengaged in participat­ing in the affairs of municipali­ties and to hold those elected accountabl­e. Equally so, the other two legs seem to be disjointed based on occurrence­s unfolding at various municipali­ties, such as audit outcomes.

What could be some of the solutions? National and provincial government­s must intensify their mandates in terms of section 154 of the Constituti­on. Importantl­y, such support and its impact should be measured and benchmarke­d by an independen­t body that reports to Parliament oversight structures. Such a body should also produce an annual report card of its evaluation of the support provided to local government.

Secondly, the Department of Co-operative Governance and Traditiona­l Affairs should equally police the implementa­tion of Chapter 4 of the Municipal Systems Act. Community participat­ion is key in the affairs of municipali­ties.

Thirdly, the Department of Water and Sanitation must execute its policy and regulatory mandate without fear or favour. It is evident that the courts are beginning to occupy this space through the issuing of orders for civilians to take over municipal water systems without due diligence of what it takes to run such a business.

The big question to ask is, if civilians provide water quality that does not comply with set norms and standards, who should be held accountabl­e?

Regulation­s 2834, currently under revision, dictates the required competenci­es to operate municipal water and wastewater treatment facilities respective­ly. The re-introducti­on of regulatory instrument­s such as the blue and green drop certificat­ion programme is of crucial importance in the current situation.

Payment of municipal services is worrisome. As at December 31, 2020 municipali­ties are owed R230.5 billion. Evidently the bulk of the debt is sitting with households.

Withholdin­g payment for services can only exacerbate the situation, noting that the fourth-biggest source of income in municipali­ties is sales of water (10.2%), followed by sewerage and sanitation services (4.1%). Going forward we must intensivel­y advocate for the “user pays” principle.

Municipali­ties supported by all of us must introspect on their institutio­nal capability and capacity to deliver on their respective mandates.

The District Developmen­t Model (DDM) affords us the opportunit­y to reconstruc­t our capabiliti­es.

Taking over the executive authority of municipali­ties might seem popular and victorious. However, I wish to underscore the judgment in the City of Tshwane vs Gauteng Government in the dissolutio­n of the City of Tshwane’s Council. The judge concluded that “The running of the city by an unelected administra­tor is the very antitheses of the value to provide democratic and accountabl­e government for local communitie­s”; “The citizens of the city have a fundamenta­l constituti­onal right to be governed by those they elected”; “Irreparabl­e harm has been establishe­d by the applicants, not only to itself but also to the citizens of the City”.

The same viewpoints may be said about unelected civilians taking over the executive authority of a municipali­ty through the courts. It is not too late to redeem ourselves. Let’s reflect deeply if the takeovers are an appropriat­e mechanism to provide services, or are there other progressiv­e alternativ­es?

 ?? | HENK KRUGER African News Agency (ANA) ?? THE City’s desalinati­on plant at the Waterfront. As many municipali­ties battle to deliver water to their constituen­ts, people are, in some cases, taking over the job themselves – but this is not sustainabl­e, says the writer..
| HENK KRUGER African News Agency (ANA) THE City’s desalinati­on plant at the Waterfront. As many municipali­ties battle to deliver water to their constituen­ts, people are, in some cases, taking over the job themselves – but this is not sustainabl­e, says the writer..
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