The Socio-Economic Rights Institute of South Africa (SERI) and the Mail & Guardian invite you to the

Water Rights Webinar Series

Self-supply – lessons from Harrismith’s ‘Water Heroes’

“Maluti-a-Phofung – a community doing it for themselves” is one of four cases in SERI’s Claiming Water Rights in South Africa research series. The case documents the efforts of an unusual coalition of residents and community leaders – known as the Harrismith Water Heroes - who, in the face of continued poor service delivery, took it upon themselves to fix their town’s water infrastructure.  The Maluti-a-Phofung municipality is by no means unique, and increasing numbers of residents in rural areas, informal settlements and small towns across the country rely on self-provisioned water supply as municipal services fall into deeper disarray. Where government is not able to provide water services, should it enable residents to provide their own services? What are the implications and risks of self-supply? What must be done to address municipalities' failure to provide adequate water services?

Maluti webinar invitation SM FINAL

When:  Tuesday, 17 November 2020; 10h30-12h00 via Zoom

Who:   Sam Twala (Chairman, Harrismith Water Heroes) • Neil McLeod (former Head, eThekwini Water and Sanitation, eThekwini Metro) • John Butterworth (Director, IRC’s Global Hub, self-supply expert) • Bongekile Macupe (Journalist, Mail & Guardian) • Facilitated by Alana Potter (Director Research and Advocacy, SERI).

RSVP:  Register for the Zoom webinar here by 16 November 2020.

 

  • Download the invitation here.

Launched reports:

  • Download the synthesis report here.
  • Download the uMgungundlovu case study here.
  • Download the Marikana informal settlement case study here.
  • Download the Makana case study here.

 

Today, SERI is launching another one of the case studies in the Claiming Water Rights in South Africa research series, "Makana local municipality – provincial intervention in a municipal crisis". The research project was launched in a Water Rights Webinar Series held in partnership with the Mail & Guardian. The research forms part of the global #ClaimYourWaterRights campaign initiated by End Water Poverty

uMgungundlovu Case Study COVERThe Makana case study is about a municipality in crisis. It has faced various challenges related to service delivery, administration, and finances, many of which have recurred over long periods of time. The crisis includes water outages, water quality problems, near non-existent road maintenance, failure to collect refuse timeously and the inability to manage waste sites and illegal dumping. Water supply across the municipality, and in Makhanda in particular, has been crippled by a combination of aging infrastructure desperately in need of repairs and severe drought over the past four years which has almost emptied a number of dams on which Makhanda relies for its water supply. 

The Eastern Cape provincial government has intervened twice in terms of section 139 of the Constitution, which provides for provincial intervention into local government when a municipality is in crisis. When neither of those interventions resulted in the desired change, community activists, led by the Unemployed People’s Movement, began to advocate with increasing vigour for the dissolution of the municipal council, and eventually approached the Makhanda High Court.

In January this year, the Makhanda High Court confirmed that Makana Municipality was in breach of its constitutional service delivery obligations and directed the province to dissolve the Makana Municipal Council. The application for leave to appeal lodged by both Makana Municipality and the provincial government was refused by the High Court. The municipality subsequently petitioned the SCA which has granted leave to appeal.

The judgment from the High Court is the first of its kind in South Africa, and is the product of a long and painful struggle by the people of Makana spanning more than a decade, and which is by no means over.

Unfortunately, Makana Municipality is not an outlier, but is situated within a systemic picture of local government collapse across the country. Although there are multiple factors contributing to this, the poor and deteriorating state of municipal finances and financial mismanagement is a critical contributor. In the 2018/2019 financial year, 113 municipalities adopted unfunded budgets, meaning that they had plans to spend money they did not have. In the period 2017 – 2019 more than thirty municipalities did not receive a clean audit.

Water report Marikana COVERS

 On 6 October 2020, SERI launched the synthesis report entitled “Claiming water rights in South Africa” as well as the case study of the Marikana informal settlement entitled “Residents of Marikana informal settlement use expropriation as a tool” which is the second of four case studies. On 20 October 2020, SERI launched “Farm dwellers fight for access to water in uMgungundlovu district municipality”.

 

 

The publications are:

  • Case study 2: Residents of Marikana informal settlement use expropriation as a tool (launched on 6 October). This is a seminal case because it illustrates how expropriation in terms of the Housing Act can be utilised as a tool to widen access to urban land for poor people and to provide them with services where they already live. The experiences of the residents of Marikana also illustrate how important it is to tackle the struggle for tenure security, services and ultimately a dignified life, using a range of mutually reinforcing strategies including community organisation, engagement, protest, self-supply and litigation.
  • Case study 4: Maluti-a-Phofung – a community doing it for themselves (to be launched on 17 November 2020). The last case study reflects on the efforts of an unusual coalition of residents and community leaders in Maluti-a-Phofung – known as the Harrismith Water Heroes – who, in the face of continued poor service delivery by local government took it upon themselves to fix their town’s water infrastructure.  

 

 

The Socio-Economic Rights Institute of South Africa (SERI) and the Mail & Guardian invite you to the

Water Rights Webinar Series

Provincial intervention in a municipal crisis: Lessons from Makana

Makana is a municipality in crisis. It faces various service delivery, administrative and financial challenges. Water supply across the municipality, and in Makhanda in particular, has been crippled by aging infrastructure and a severe drought. The Eastern Cape provincial government has intervened twice in terms of section 139 of the Constitution, which provides for provincial intervention into local government when a municipality is in crisis. When neither of those interventions resulted in the desired change, community activists approached the Makhanda High Court which ordered the dissolution of the Makana Municipal Council. Unfortunately, Makana is not an outlier but part of a systemic picture of local government collapse across the country.

Makana webinar invitation SM FINAL

 

When:  Tuesday, 3 November 2020; 10h30-12h00 via Zoom

Who:   Dr Tracy Ledger (Public Affairs Research Institute) • Pam Yako (Former Provincial Administrator of Makana Local Municipality) • Ayanda Kota (Unemployed People’s Movement) • Athandiwe Saba (Mail & Guardian) • Facilitated by Lisa Chamberlain (Wits Law School and Research Associate at the Southern Centre for Inequality Studies, Wits University).

RSVP:  Register for the Zoom webinar here by 2 November 2020.

 

  • Download the invitation here.

Launched reports:

  • Download the synthesis report here.
  • Download the uMgungundlovu case study here.
  • Download the Marikana informal settlement case study here

 

Press Statement EndSARS CombinedOver the past two weeks, young people across Nigeria have taken to the streets under the banner of the #EndSARS movement calling for the immediate abolition of the federal government’s Special Anti-Robbery Squad (SARS) which has operated since 1992. The Squad has been accused of a wide range of excesses including extortion, harassment and humiliation, arbitrary arrest, rape, torture and extrajudicial killings. Many people including youth and members of the LGBTQ+ community, reported being targeted based on their appearance. The demonstrations call for an end to police brutality, demand police accountability, and call for an end to widespread corruption and poor leadership.

On the evening of 20 October 2020 at the Lekki Toll Gate in Lagos, Nigeria’s security forces reported to be members of the military opened fire on peaceful demonstrators who were seated, singing the Nigerian national anthem. This followed the announcement of a state-wide 24-hour curfew effective from 16:00 WAT on 20 October. According to the Governor of Lagos State, Babajide Sanwo-Olu, the curfew was instituted because the #EndSARS movement had been infiltrated by “criminals”.

In the early stages of the COVID-19 global pandemic, the United Nations High Commissioner for Human Rights Michelle Bachelet warned against the misuse of emergency powers, broadened under the COVID19 pandemic, “to quash dissent, control the population, and even perpetuate their time in power”.

There are reports of CCTV cameras being removed and streetlights being turned off shortly before the Lekki Toll Gate attack as well as medical emergency services being blocked from reaching those in need of emergency medical assistance. There are also disturbing reports of alleged members of the military carrying away bodies of those presumed to be deceased. Although the Lagos State government has only reported up to 25 people having been injured, according to Amnesty International, there are at least 38 deaths and many more injuries. On 21 October, following the Lekki Toll Gate Massacre, members of the Nigerian Army and the Nigerian Police are reported to have continued to attack protestors.

The protestors of the #EndSARS movement have had their rights to life, dignity, freedom of expression, and peaceful assembly, enshrined in regional and international law, violated. The Nigerian government, as a signatory state to the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights, amongst others, has a legal obligation to uphold these rights.

In terms of the international and regional principles on the use force, the Nigerian government also has a duty to ensure that any police use of force should occur only in compliance with the principles of legality, proportionality and necessity. The excessive use of force evident at the Lekki Toll Gate is a clear breach of this duty.

We extend deep condolences to the families, friends and comrades who have been killed or injured in this callous attack. We stand with all victims of police brutality in Nigeria and around the world and support the demands for justice and accountability. We are encouraged and moved by the courage, leadership and determination shown by the people of Nigeria, especially during this dark period.

Police brutality and the callous use of force is something many poor and marginalised communities in Nigeria, South Africa and other parts of the world know all too well. Without accountability and justice, police and security abuses continue with impunity. We echo the demands from the people of Nigeria for an end to police brutality, for full, thorough and transparent investigations into the state-sanctioned attacks against the protestors at Lekki Toll Gate as well as all other violations by the SARS.

We acknowledge that the Nigerian government has disbanded SARS, however, are concerned by its replacement with a Special Works and Tactics (SWAT) Team. Unless the SWAT Team is committed to policing that upholds human rights and adheres to the laws and principles of necessity, proportionality and accountability related to the use of force, existing patterns of abuse will persist. Systematic change, which utterly inverts the culture of impunity, is required.

We urge President Cyril Ramphosa, the current Chairperson of the African Union, to support the call of the #EndSARS movement to end police brutality and impunity, and to stand in solidarity with the people of Nigeria. We also call on the African Union and other members of the African Union to support this call.

 

Contact details: 

  • Thato Masiangoako, SERI researcher: This email address is being protected from spambots. You need JavaScript enabled to view it. / 078 107 2083.

 

Read the full statement here.

Today SERI is launching another one of the case studies in the Claiming Water Rights in South Africa research series, “Farm dwellers fight for access to water in uMgungundlovu district municipality”. The research project was launched in a Water Rights Webinar Series held in partnership with the Mail & Guardian. The research forms part of the global #ClaimYourWaterRights campaign initiated by End Water Poverty

uMgungundlovu Case Study COVERThe uMgungundlovu case study is about government providing water services on privately-owned land – a perspective from farms. The uMgungundlovu District Municipality is located in KwaZulu-Natal, South Africa. It comprises several local municipalities including uMsunduzi and uMshwathi, with the provincial capital Pietermaritzburg falling in uMsunduzi.  Much of the region is agricultural and home to many labour tenants and farm dwellers who are particularly vulnerable groups, owing to the long history of land dispossession and labour tenancy in the area.

According to The Institute for Poverty, Land and Agrarian Studies (PLAAS) farms provide homes for approximately 3 million people in South Africa. Many people live on farms but do not work on farms, others work on farms but do not live on those farms, and others both live and work on farms. What distinguishes farm dwellers is that they have historic ties to the land- beyond any labour relations which may exist. Farm dwellers have lived on the land for generations. As one farm dweller put it- “We were here before the farm”.

After the 1913 Native’s Land Act, hundreds of thousands of black people were forcibly removed off farms. Those who were allowed to remain on the land, were allowed to do so in exchange for free labour. This category of people are referred to as labour tenants.

Due to this history of dispossession, farm dwellers remain one of the most vulnerable and isolated populations in South Africa. Farm dwellers have insecure tenure rights and are at risk of eviction. Some farm dwellers also report deplorable living conditions, including insufficient access to adequate water supply, sanitation facilities and refuse collection services.

Many farm dwellers living in uMgungundlovu have reported deplorable living conditions, including insufficient access to adequate water supply, sanitation facilities and refuse collection services. The Association For Rural Advancement (AFRA) has been working with farm dwellers in the area for many years. Their biggest struggle has been that farm owners claim that the provision of water is a municipal responsibility. Municipalities in turn argue that, even if they wanted to, they have no jurisdiction to provide services on privately-owned land. Farm dwellers have thus been stuck between a rock and a hard place. After a long journey of engaging with farm owners and several municipalities, AFRA and farm dwellers in the area, assisted by the Legal Resources Centre (LRC), approached the Pietermaritzburg High Court to claim their rights to water, sanitation and other essential services in the Mshengu case.

Water report Marikana COVERSThis case underlines the universal services obligation of municipalities, including on farms. The judgment brought clarity to the question of who bears what obligations in the provision of water services on privately-owned land, fundamentally changing the landscape of water services provision on farms in South Africa.

On 6 October 2020, SERI launched the synthesis report entitled “Claiming water rights in South Africa” as well as the case study of the Marikana informal settlement entitled “Residents of Marikana informal settlement use expropriation as a tool” which is the second of four case studies.

 

The publications are:

  • Case study 2: Residents of Marikana informal settlement use expropriation as a tool (launched on 6 October). This is a seminal case because it illustrates how expropriation in terms of the Housing Act can be utilised as a tool to widen access to urban land for poor people and to provide them with services where they already live. The experiences of the residents of Marikana also illustrate how important it is to tackle the struggle for tenure security, services and ultimately a dignified life, using a range of mutually reinforcing strategies including community organisation, engagement, protest, self-supply and litigation.
  • Case study 4: Maluti-a-Phofung – a community doing it for themselves (to be launched on 17 November 2020). The last case study reflects on the efforts of an unusual coalition of residents and community leaders in Maluti-a-Phofung – known as the Harrismith Water Heroes – who, in the face of continued poor service delivery by local government took it upon themselves to fix their town’s water infrastructure.  

 

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