Public Protector finds Cape Town guilty of maladministration over service delivery failures

The Public Protector has found the City of Cape Town guilty of maladministration and improper conduct for failing to provide adequate basic municipal services to residents in parts of Langa and Khayelitsha, citing years of shortcomings in sanitation, housing maintenance, water access, waste management and public safety.

Releasing the findings of a systemic investigation, Public Protector Kholeka Gcaleka said the probe stemmed from complaints lodged during community outreach visits between 2022 and 2023. The investigation focused on conditions at the N2 Gateway housing development, the relocation of families in Khayelitsha to facilitate sewer repairs, and safety measures at two municipal clinics.

Gcaleka said the investigation confirmed that the City’s service delivery had fallen short of its constitutional obligations.

“The allegation that the basic municipal services are not rendered in conformity with the Constitution and the law is substantiated,” she said.

The report found that residents were affected by inadequate sewer infrastructure, structural housing defects, poor waste management, insufficient fire safety measures, unreliable access to water and delays in addressing service delivery complaints. While acknowledging that budgetary constraints, vandalism and unlawful land occupations have affected service delivery, Gcaleka said these challenges do not absolve the City of its constitutional responsibilities.

Responding to the report, the City of Cape Town said it welcomed the Public Protector’s recognition of the work already undertaken to address many of the concerns raised.

“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 said.

The municipality added that refuse collection, sewer maintenance and fire safety measures are already in place at the N2 Gateway development, while further infrastructure upgrades are planned. It also welcomed the Public Protector’s remedial actions directed at the National Treasury and the Department of Human Settlements, saying the report acknowledged the financial and operational challenges municipalities face in delivering services.

The City said it would submit a detailed response to the Public Protector’s final report in due course.

Photo:X/ @PublicProtector

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Oyisa George

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