Page 17 - Notes from LRC's Housing Conference

4.1.1. Strategy used in the Makhanda sanitation case:
a) Field research – Site visits and interviews with the affected communities.
b) Document review – Municipal annual reports, minutes of council meetings, commissioned expert reports that the municipality had obtained about the infrastructure shortcomings in town.
Findings of the research revealed that the municipality, provincial and national government had been aware of the service delivery crisis in Makhanda since 2010, and there were some proposed interventions to address the situation. However, the interventions had not yet been implemented. This information helped the legal team in drafting the remedy as it already contained useful suggestions on how the sanitation and refuse problems could be addressed.2
c) Litigation: remedy sought
• PART A: Immediate relief, including structural interdict; an urgent application to compel the municipality and provincial and national government to take immediate steps to address the sewerage problem. This includes the appointment of a director in the infrastructure department, the acquisition of a hydro blaster, the delivery of lime to the most severely affected areas, and the provision of an interim plan that will see the drains cleared monthly to ensure that the sewage spills are contained. The order will also compel the municipality to resume the collection of the sewage buckets.
• PART B: Systemic relief, including structural interdict; seeking a long-term plan setting out the steps that the municipality, the provincial and national government must take to address the issue. This includes the drafting of a long-term strategy for upgrading the sewerage system, together with a budget to accompany the plans. In the long term, the focus will be on ensuring that the sewerage works are upgraded and that the source of the problem is addressed.
Important legislation
• National Water Act 36 of 1998.
• Water Services Act 108 of 1997.
• Local Government: Municipal Systems Act of 2000.
• Local Government: Municipal Structures Act 117 of 1998.
The Legal Resources Centre achieved victory in June 2020 for both remedies and is currently monitoring the implementation of the court order.
2 Ibid
SUMMARY NOTES FROM THE HOUSING CONFERENCE
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