Court rules mayor and municipal manager should account

Ekurhuleni's mayor and the municipal manager are accountable for ensuring the provision of housing and services to N12 informal settlement residents.

File photo.

This ruling was made by the Constitutional Court on May 7.

It has been five years since the residents were unlawfully removed from Bapsfontein.

In his judgement, Justice Bess Nkabinde said there is good reason for Ekurhuleni mayor Mondli Gungubele and municipal manager Khaya Ngema to be held responsible for ensuring adherence to the December 2011 court order.

The order stated that the municipality violated N12 informal settlement residents’ rights when they were removed from Bapsfontein.

The municipality was told to provide the residents with suitable temporary accommodation and to engage with them by identifying alternative land within the vicinity of Bapsfontein.

The municipality reported back to the court that they had found suitable land, in Mayfield.

Since November 2013, however, when the municipality was required to report back on its progress regarding the relocation of residents, it has failed to relocate them.

Both the mayor and the city manager presented affidavits stating that they should not be held responsible for the previous court order not being adhered to, because they believe they are not responsible for the day-to-day running of the departments responsible.

“It is wrong of them to shrug off responsibility when their own municipal structure, the one at whose symbolic and operational head they stand, conspicuously fails to fulfil a duty imposed on them by a court order,” said Nkabinde.

”The order issued on December 6, 2011, affected hundreds of families and households, perhaps thousands of people; their living, human dignity and security and comfort were directly at stake.

It is precisely because of the leadership entrusted to the mayor and the municipal manager that they have a duty to undertake responsibility for implementing court orders.”

Nkabinde acknowledged that they cannot be expected to be involved in the minor details and practicalities, but they should ensure the municipal structures, for which they carry moral and legal responsibility, respond accordingly.

“This they owe to the courts, but, much more importantly, they owe it to the residents, those who put them in power and who depend on their responsible exercise of that power, to act diligently and expeditiously,” he added, warning that courts shall not not hesitate to enforce their orders.

However, Ekurhuleni Metro spokesperson Themba Gadebe said the court order poses a challenge to the municipality and did not take into consideration the environmental issues in Bapsfontein.

“The municipality has a long list of persons who qualify for housing within its jurisdiction,” he added.

”The Constitutional Court has ordered permanent houses, interestingly, within an area that is unsafe and riddled with dolomite and sinkholes.”

Gadebe explained that the order poses a challenge to the municipality, because they are dealing with disgruntled members of the Daveyton community, who believe the Bapsfontein residents have essentially skipped the queue for permanent housing.

He said the judgement holding the mayor responsible for seeing that the court order is adhered to is unfair, as it paints Gungubele in a bad light.

“It did not state the actual context of the submission that was made by the mayor,” he added.

”He was merely stating that he is not the head of administration of the municipality, as per the provisions of empowering legislation.”

The DA has welcomed the judgement handed down by Nkabinde.

“The fact that resolutions of the council are ignored and regulations flouted is worrisome; the DA will leave no stone unturned to hold officials to account,” said Philip de Lange, shadow MMC for Human Settlements in Ekurhuleni.

De Lange said he will write an open letter to the mayor, seeking clear time frames on when the court decision will be executed.

N12 residents tired of empty promises

N12 informal settlement residents demanded that a deadline be set for this year, when they will be relocated to the Mayfield land they were promised by the municipality.

They said this at a meeting held by Ward 24’s councillor, Stefanie Kruger, on Thursday, May 21.

She promised to continue placing pressure on Ekurhuleni to ensure they are relocated and are provided with proper sanitation.

But residents said they will move only when proper housing and sanitation is provided; they will not move from the shacks, where they stay now, to a different area, only to experience the same issues.

Rebecca Sibanyoni lives in the informal settlement and said she shares a one and a half bedroom shack with four people.

“I want a proper house of my own, not to be moved back to a shack which has holes and rats and where water gets in easily,” she explained.

The residents said they believe the N12 informal settlement’s dire situation has been turned into a joke, because when everyone is bored they visit the area and make promises.

They insisted that they want to see serious action.