-Staff Writer /Wed, 26 November 2025
The South African Human Rights Commission (SAHRC) has released damning findings against the North West Department of Water and Sanitation (DWS) and the Brits-based Madibeng Local Municipality.
The human rights body said this comes after an extensive investigation into allegations of unfair discrimination, poor governance and administrative failures within the Hartbeespoort Dam economy.
Here is the link to a full report
https://bit.ly/3JUYKyo
The inquiry was launched after complaints from residents and business owners who alleged that the DWS had, for years, allocated state-owned land along the shoreline of Hartbeespoort Dam in a manner that unfairly excluded black applicants.
Complaints also centred on noise pollution, ineffective enforcement of building, planning and environmental by-laws, and the escalation of racial tensions between black and white residents.
According to the Commission, its investigation confirmed long-standing discriminatory practices, particularly in leasing processes.
It found that the DWS failed to redress racial and gender disparities, resulting in indirect unfair discrimination against black and female applicants in violation of the Constitution and the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA).
The Commission also found that revoked Permissions to Occupy (PTOs) were issued without notice or an opportunity for affected individuals to be heard, breaching the right to fair administrative action.
Madibeng Municipality was similarly faulted for failing to enforce key by-laws and for its inability to process planning and business licence applications promptly failures the SAHRC said contributed to worsening racial tensions in the area.
Following its findings, the Commission issued several directives to both DWS and Madibeng. These include:
A requirement for DWS to finalise a revised lease policy, adopt a comprehensive transformation plan and review all revoked PTOs within set time frames.
A full audit of all occupiers along the dam, including a plan to ensure lawful occupation of shoreline land.
For Madibeng, the Commission ordered the submission of a disaggregated record of planning and business licence applications, a 180-day plan to clear backlogs, and the finalisation of outstanding by-laws on noise, environmental management and land use.
Both entities must ensure transparent, consultative processes when developing policies in response to the directives.
The SAHRC further advised community members with complaints related to maladministration, corruption or irregularities in leasing to approach the Office of the Public Protector. Those with unresolved criminal complaints were directed to the North West Provincial Commissioner of the South African Police Service (SAPS).
The Commission said it will continue monitoring compliance with its directives and has not ruled out further legal action if authorities fail to act.
News Junction (Gold Standard)