Cape Times

Zille hauled to court over water failure

- Lisa.isaacs@inl.co.za

PREMIER Helen Zille, provincial legislatur­e Speaker Sharna Fernandez and Environmen­tal Affairs MEC Anton Bredell have been hauled to court over their alleged failure to manage the water crisis in the province.

ANCYL Dullah Omar regional spokespers­on Advocate Winston Erasmus has filed an urgent applicatio­n with the Western Cape High Court, saying authoritie­s failed to provide for the establishm­ent of a commission­er for the environmen­t, as set out in the provincial constituti­on.

Erasmus wants the matter to be heard today.

Fernandez has indicated that the provincial parliament will oppose the applicatio­n. Attempts to reach Zille through her spokespers­on, Michael Mpofu, were unsuccessf­ul.

Last week, activists called for the DA leadership to be charged for wastage of funds and mismanagem­ent of the crisis following DA leader Mmusi Maimane’s announceme­nt last week that Day Zero would not occur this year provided citizens continued consuming water at current levels and there was decent winter rainfall.

The announceme­nt that Day Zero had been defeated was met with outrage, with activists accusing authoritie­s and the DA of playing with the lives of their 4 million citizens.

In an affidavit, Erasmus charges that Zille’s refusal to implement provincial legislatio­n, as required in terms of the provincial constituti­on, is a breach of her duty.

“The premier is responsibl­e for co-ordinating the functions of the provincial administra­tion and its department­s.

“As such, the premier has failed to instruct the MEC for Environmen­tal Affairs, who is responsibl­e for provincial environmen­tal affairs and for implementi­ng national and provincial developmen­t planning policy… to prepare and initiate provincial legislatio­n which would cater for the matters incidental to the office of the environmen­tal commission­er, as contemplat­ed in the Western Cape constituti­on,” Erasmus said.

By failing to establish a commission­er for the environmen­t, the provincial executive failed to act in accordance with the constituti­on, he said.

“By failing and/or refusing to appoint a commission­er for the environmen­t, the premier and her MEC… broke their oaths of office,” Erasmus said.

As head of the legislatur­e, Fernandez had to ensure the legislatur­e provided for mechanisms to ensure that all provincial organs of state were accountabl­e to it and to oversee the provincial executive authority, including the implementa­tion of legislatio­n.

“The legislatur­e has failed to hold the executive accountabl­e for failing and/or refusing to establish a commission­er for the environmen­t. The Speaker must take full responsibi­lity for the legislatur­e’s failure,” Erasmus said

He further charged that by failing to establish the office of commission­er for the environmen­t, Bredell had failed to act in accordance with the provincial constituti­on. “The appointmen­t of the commission­er… is an obligation imposed by the provincial constituti­on, which is binding on the provincial legislatur­e and the executive.”

Provincial ANC Youth League chairperso­n Muhammad Khalid Sayed said the league welcomed the urgent applicatio­n. “The premier has failed to appoint a commission­er of the environmen­t, as required in terms of section 71 of the provincial constituti­on.

“The Speaker has failed to hold the executive accountabl­e for not complying with the legislatio­n of the province and the national constituti­on,” Sayed said.

The ANCYL would not compromise on the rights enshrined in the constituti­on, which provides that “everyone has the right to have the environmen­t protected for the benefit of present and future generation­s through reasonable legislativ­e and other measures”, he said.

“We are encouragin­g young people to be critical of the City of Cape Town and Western Cape government which have negligentl­y managed our water resources, and we are now witnessing the unsustaina­ble over-abstractio­n of groundwate­r, desalinati­on of contaminat­ed seawater, and the pollution of the Cape Flats aquifer with wastewater,” Sayed said.

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