The Public Protector has found that the City of Cape Town failed to provide basic municipal services to residents of Langa Flats and parts of Khayelitsha, while the City says it has addressed most of the issues following the years-long systemic investigation into service delivery complaints.
The investigation stemmed from complaints lodged during the Public Protector’s annual roadshows in 2022 and 2023. Residents raised concerns about failing sewer infrastructure, poor waste collection, inadequate housing maintenance, delayed lease agreements, deteriorating roads, water leaks, inadequate clinic facilities and poor communication from the City.
In her report, the Public Protector found the allegations were substantiated, concluding that the City had not consistently delivered basic municipal services progressively and effectively as required by the Constitution. The report says these shortcomings amounted to maladministration and caused prejudice to affected residents.
Among the findings, the Public Protector said the City had failed to conclude lease agreements with many Langa Flats residents, leaving occupants without secure tenure while still expecting them to pay rent.
The report also found that ageing sewer infrastructure had not been adequately repaired, common areas remained poorly maintained and fire safety equipment had not been fully restored, exposing residents to unnecessary risks.
In Khayelitsha’s SST-Marikana informal settlement, the report found residents lacked adequate access to water, while broken high-mast lights and delays in restoring electricity for some relocated families created safety concerns. It also identified shortcomings at the Mathew Goniwe and Town Two clinics, including the absence of smoke detectors and CCTV surveillance.
However, the report also acknowledges that the City implemented a range of interventions during the investigation, including sewer repairs, road resurfacing, upgrades to clinics, repairs to high-mast lights, temporary sanitation facilities and expanded waste-cleaning initiatives. The Public Protector encouraged the City to continue addressing the remaining deficiencies.
Responding to the report, the City said it welcomed the Public Protector’s recognition of the work already undertaken and noted that the investigation began four years ago. It also welcomed recommendations directed at the National Treasury and the Department of Human Settlements to assess whether municipalities receive adequate funding to meet growing service delivery demands.
The report relates to three specific issues: part of the N2 Gateway public rental housing development, the relocation of 10 families to enable repairs to a sewer line in Khayelitsha, and security measures at two City clinics.
On the N2 Gateway development, the City said refuse is collected four times a week, public spaces are cleaned according to schedule, fire safety equipment is maintained by a service provider and sewer maintenance has been addressed, with further upgrades planned.
It added that while 94 valid lease agreements are in place, 547 occupants have refused to sign agreements and a further 64 have refused to renew them. The City said many occupants do not qualify for the housing under the Community Residential Units programme and court action may be required to regularise the situation.
Regarding the relocation of 10 families in Khayelitsha, the City said water and sanitation services are available and that an additional standpipe is due to be installed by mid-July to reduce walking distances.
It said electricity remains Eskom’s responsibility because the relocation site falls within Eskom’s supply area, adding that it has facilitated discussions between Eskom, the Public Protector and community leaders to resolve the matter.
The City also said Mathew Goniwe and Town Two clinics already have valid fire certification, firefighting equipment and 24-hour security. While smoke detectors and CCTV cameras are not yet installed, it said both will be added once planned renovations are completed, noting that previous CCTV installations had been repeatedly vandalised or stolen.
The report recognises that budget constraints, ageing infrastructure, vandalism, land invasions and rapid urbanisation have contributed to service delivery challenges, but says these factors do not absolve the City of its constitutional obligations.
Alongside recommendations to the national government on municipal funding, the Public Protector directed the City to improve water access, repair sewer infrastructure, conclude lease agreements, restore public lighting, engage Eskom on electrification, strengthen cleaning services and improve fire safety measures at health facilities within specified timeframes.
The City said it had cooperated fully throughout the investigation and would submit a detailed response to the Public Protector’s final report in due course.
