Public Protector tells City of Cape Town to fix services at Langa Flats and Khayelitsha

The Public Protector has found that the City of Cape Town has not provided basic municipal services to residents of Langa Flats and parts of Khayelitsha, in line with the Constitution.

The findings, released on Tuesday, follow an investigation spanning more than four years. It was sparked during the Public Protector’s annual outreach visits to the Western Cape in 2022 and 2023.

Residents complained about deteriorating sewer infrastructure, poor refuse collection, delays in repairing roads and water leaks, inadequate communication from the City, and the absence of lease agreements for residents paying rent in City-owned housing.

Public Protector Kholeka Gcaleka said at a press briefing in Cape Town on Tuesday that the investigation sought to determine whether residents of Langa Flats and SST in Khayelitsha were receiving basic municipal services “in a progressive and effective manner”, as required by the Constitution.

“The allegation that basic municipal services are not rendered in conformity with the Constitution and the law is substantiated,” she said, amounting to “maladministration and improper prejudice under the Public Protector Act”.

Langa Flats

Langa Flats, owned by the City, was built during apartheid to house black African men employed as labourers. The residences are now rented. Residents said they had been paying monthly rent, but had no formal lease agreements. They complained of deteriorating sewer infrastructure, overflowing sewage, poor maintenance of communal areas, potholes and a lack of communication about redevelopment plans.

GroundUp has reported on conditions at Langa’s City-owned hostels for years. In 2019, residents complained about overflowing drains, blocked toilets, flooding, uncollected rubbish and overcrowding.

The Public Protector ordered the City, within six months, to submit a detailed plan to sign lease agreements, develop a sustainable long-term cleaning programme and continue long-term sewer repairs.

SST-Marikana, Khayelitsha

The investigation also covered SST-Marikana, where residents complained of deteriorating sewer infrastructure, inadequate refuse removal, poor communication and insufficient access to basic services.

Last year, GroundUp reported that dozens of families were living above collapsing sewer pipes, with sinkholes opening beneath and around their homes.

Following complaints, officials from the Public Protector and the South African Human Rights Commission visited the area, after which the City announced plans to relocate households to allow emergency sewer repairs.

The Public Protector said the City had to provide additional water points in SST-Marikana within 30 days, submit long-term sewer rehabilitation plans, restore high-mast lights, engage Eskom on electrification, regularise lease agreements and improve clinic fire safety. The Western Cape MEC for local government must monitor the City’s compliance quarterly and consider intervention if there is substantial non-compliance.

Gcaleka also recommended that the minister of finance, with the ministers for human settlements and cooperative governance, the Western Cape government and the City, assess whether the current funding framework adequately supported municipalities facing major infrastructure backlogs and growing informal settlements.

The assessment must be completed within six months, after which the Minister of Finance must report back to the Public Protector.

City’s response

Following the release of the report, a City statement said that it had cooperated fully over the four-year investigation.

The City said many measures were already under way. At the Langa flats, refuse was collected four times a week, fire safety equipment was maintained by a service provider, sewer maintenance had been addressed with further upgrades planned, and structural assessments were complete, the City said.

It said 94 valid lease agreements were in place, but 547 occupants had refused to enter into agreements, and 64 had refused to renew theirs.

Regarding SST, the City said the relocated families already had access to water and sanitation, with an additional standpipe due by mid-July. It said electrification fell within Eskom’s supply area, but it had been assisting Eskom with community engagement. Both clinics complied with national fire safety standards, had firefighting equipment and 24-hour security, with smoke detectors and CCTV cameras to follow planned renovations.

Gcaleka said the Public Protector would continue to monitor the implementation of the remedial action. DM

First published by GroundUp.