The City of Cape Town notes the release of a Public Protector report first initiated four years ago. The City welcomes the PP’s explicit recognition of the work the City has done to attend to all of the issues raised in her report. The City also welcomes the findings against the National Treasury and the Department of Human Settlements. The report relates to three specific matters: a section of the N2 Gateway public rental housing development, the relocation of 10 families to enable the repair of an unlawfully occupied sewer line in Khayelitsha, and security measures at two of the City’s day clinics.
The City welcomes the Public Protector’s emphasis that it has worked closely with her office to ensure all matters have been attended to.
The City can confirm that basic services are indeed provided on schedule at the N2 Gateway development, that security measures are in place at the clinics, and that 10 families relocated for a sewer repair in Khayelitsha do have access to basic services.
We are also encouraged that the PP has taken cognisance of the difficulty of providing free services without adequate support from the national state. The PP has made remedial action findings against the National Treasury and Department of Human Settlements as well, which are welcome.
N2 Gateway rental housing
The Public Protector’s investigation team found that the City indeed had plans in place for cleaning and refuse, sewer maintenance, and processes to address unlawful occupation of rental units. The remedial action orders steps that the City has already taken.
The City can confirm:
- Refuse collection is scheduled four times per week and a schedule for the cleaning of public spaces has been put in place
- Fire safety equipment is maintained by a service provider
- Sewer maintenance has long been addressed and further upgrades are planned as part of the City’s city-wide sewer upgrade focus
- Structural engineering assessments have been made
- It must be noted that the rental flats were built by national and provincial government, and the City had no part in their tenanting. For reasons unknown, the City agreed to take over this entire development under previous administrations without wide-ranging unlawful occupation issues first being addressed.
- While there are 94 valid rental agreements in place, 547 occupants have refused to enter into agreements, and 64 refuse to renew their agreements. Many do not qualify for these homes in any event under the CRU programme. The City will in all likelihood need to approach the courts to fully regularise this situation in the event agreements are not concluded.
Relocation of 10 families due to sewer repairs
The City has successfully relocated households who had unlawfully built structures on top of a sewer line requiring repair at SST, Khayelitsha.
In one instance of 10 families looked into by Public Protector officials, issues related to high mast lighting and walking distance to a standpipe were raised.
The City can confirm that access to both water and sanitation is in place, and that by mid-July a further standpipe is planned for installation to lessen walking distance of these particular families without intensifying the risk of further sewer collapse as a result.
Regarding lighting, the relocation site is in an Eskom supply area.
Eskom has committed to provide electricity for the 10 families but is concerned with potential protest by the wider community of Marikana. The City has facilitated meetings on site with Eskom and indeed the Public Protector and Eskom have been in discussions with the community leadership in an effort to reduce risk of any unrest. The City is assisting as far as possible.
Safety and Security at two clinics
The City confirms that the two clinics in question – Matthew Goniwe CDC and Town Two clinic – both have valid fire certification and fire-fighting equipment in place. These clinics are fully compliant with national standards for fire safety at facilities of this kind. The Public Protector has ordered the installation of smoke detectors. Although fire hydrants and extinguishers are installed, smoke detectors will be installed once forthcoming planned renovations are complete.
CCTV camera installations – which the Public Protector report mandates – have been the subject of repeated vandalism and theft. Both clinics do however have the necessary safety plans in place with 24-hour security. CCTV cameras are also scheduled for installation once the planned clinic renovations are complete.
City fully supported Public Protector enquiry
The City has collaborated and cooperated extensively with the Public Protector in this lengthy investigation in good faith, clearly demonstrating that it is already taking the necessary actions in the ordinary course of City operations to deal with the various complex challenges of informality and unlawful occupation.
The City will submit a detailed response to the Public Protector’s final report in due course.
