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DINSDAG 19 MAART 2013
GRATIS
Moqhaka a no-show Tharine Geldenhuys
THE toilet saga continues. The Moqhaka Municipality is in the dog box. Not complying to the Human Rights Commission’s (HRC) ruling to hand in a six monthly progress report on the closure of some 1 831 open toilets has led to the HRC demanding the Moqhaka Municipality to appear at a hearing in Bloemfontein on Thursday. Regardless of the notice to appear at the HRC’s provincial office, Jihad Mohapi, the executive mayor, and top management did not turn up in Bloemfontein. “The South African Human Rights Commission is disappointed in and concerned about the Moqhaka Municipality and the mayor for failing to honour a subpoena to appear before the commission on Thursday,” Isaac Mangena, head: communications of HRC, said in a press release. The municipality and its top management were served with a notice to appear at the commission’s provincial office to explain their failure to implement the commission’s recommendations, alternatively to explain what other steps they intend to take to address the challenge of unenclosed toilets for the residents of Rammulotsi in Viljoenskroon. The HRC views the failure of the municipality to appear before it as contemptuous, and to some extent, demonstrating the municipality’s dereliction of duty in serving the residents under its jurisdiction,” Mangena said. “It has now been decided that this matter will be submitted to parliament with the aim of petitioning the speaker of parliament to summon the MEC and the minister of Human Settlements to come to parliament to explain the municipality’s failure to comply with the commission’s recommendations, alternatively, their
failure to build enclosed toilets as promised,” Mangena said. “The commission will also approach the ministers of Human Settlements, Cooperative Governance and Traditional Affairs with the view of resolving this matter. “We will further raise this matter with government officials who will be attending the commission’s water and sanitation hearings today, which is held in commemoration of Human Rights Month. The HRC has been monitoring the implementation of its recommendations by the municipality following our finding in 2011 against the municipality for building unenclosed toilets for the residents of Rammulotsi. The Moqhaka Municipality did not adhere to the HRC’s finding on the open toilets in the poverty- striken township to provide a progress report every six months on the closure of these toilets. “The last progress report was due at the end of January. “The municipality was required to give evidence in respect of the failure to furnish the commission with a progress report; the progressive realisation of the right to water and sanitation; mechanisms put in place to ensure that the project to enclose all toilets remains transparent; and responsive and public participation and ongoing consultation regarding access to basic sanitation. “The action by the commission is guided by Section 18 of the South African Human Rights Commission Act, 1994, which provides that any person who, without just cause, refuses or fails to comply with a notice under section 9(1)(c) of the Act, . . . or refuses or fails to furnish particulars or information required from him or her under that section, shall be guilty of an offence and liable on conviction to fine or to imprisonment for a period not exceeding six months.”
) SEPTEMBER 2010: The residents of Rammulotsi, Viljoenskroon, lodged a complaint with the South African Human Rights Commission (HRC) after the Moqhaka Municipality installed unenclosed toilets in the township. ) The complaint was in light of the HRC investigation and findings on the same situation in Makhaza in the City of Cape Town. ) The human dignity, privacy, environment, housing and water rights within the Constitution are believed to be violated. ) A progress report on the urgent enclosure of the toilets had to be delivered to HRC. ) Reconstruction of the toilets was estimated on some R17 million.
ENCLOSED toilets in the old Marabastad, Maokeng, near De Vries Avenue, are part of the Hlasela Project of Ace Magashule, the Free State premier. However, the stands have not been allocated yet. In contrast, resi dents of the povertystricken Rammulotsi (Viljoenskroon) have been living with open toilets for several years now. Despite strict rulings to enclose the structures, the South African Human Rights Commission (SAHRC) has no other option but to take up the matter with Parliament. Here a cow tries to drink water from yet another fruitless project in Moqhaka. Photo: Marlene Jordaan