Die openbare beskermer

1.
On the eve of one South Africa's most hotly contested local government
elections, the ANC has been dealt a severe blow, with the SA
Human Rights Commission condemning its open toilets in the Free
State
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Children of Makhaza section in Khayelitsha play near the toilets that were erected without walls. The
ANC now has its own open toilet scandal in the Free State.
Photograph by: Esa Alexander
'We've respect for our people. They can't be treated like dogs'
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Labelling the 1600 open toilets in Moqhaka municipality as a violation of "human dignity and privacy", the
commission recommended urgent measures be taken, including action by Cabinet.

Commission deputy chairman Pregs Govender said the commission was co-operating fully with the Public Protector's
office and National Prosecuting Authority, which are both investigating the matter.
After analysing constitutional rights, court judgment and applicable legislation,
the commission found that:

The municipality had failed to adequately conceptualise, plan and implement its
project, which resulted in the residents being forced to use open toilets;

• The municipality's explanation that it lacked adequate resources was not justified and
therefore unacceptable. The municipality had claimed it had insufficient funds, but the
commission found it had underspent in certain areas in the 2004-2005 financial year;
• Measures provided by the municipality did not meet the standard of reasonableness in
terms of progressive realisation of the right to water and sanitation services;
• The municipality violated people's dignity and privacy; and
• Provincial and national governments had not adequately monitored the municipality's
work or intervened in respect of legislative and constitutional obligations.
Though the report does not point fingers at any particular individual, Commission Free State provincial manager
Mothusi Lepheana said he had already been in contact with the Public Protector's office and would forward the
commission's findings to them shortly.

Lepheana said the investigation was met with a degree of resistance from municipal officials, with some failing to
avail themselves for interviews, preferring questions to be e-mailed to them.

"That was very worrisome. For something as serious as this they should have wanted to clear the issue speedily,"
said Lepheana.

The commission's recommendations include that the toilets be enclosed urgently, the municipality submits six-
monthly reports and Minister of Monitoring and Evaluations Collins Chabane provides a report on the quality of
sanitation services.

Last week, the ANC dispatched some of its heavyweights to the township, near Viljoenskroon, on a damage-control
mission.

They included ANCYL president Julius Malema, Sports Minister Fikile Mbalula, Free State Premier Ace Magashule,
and ANC national executive committee member Tony Yengeni.

During their visit Malema threatened tough action over the municipality's failure to enclose the toilets, saying "heads
must roll".

It has since emerged that Moqhaka executive mayor Mantebu Mokgosi's husband's company was a subcontractor to
a company awarded the tender to enclose the toilets.

ANC spokesman Jackson Mthembu said the party's own investigation into the open-toilet saga was expected to be
completed within the next two months, adding that tough action would be taken against the culprits.

"We have respect for our people. They can't be treated like dogs. We want to know who exactly took those
decisions," said Mthembu,

He announced that 400 toilets had already been enclosed.

He said despite the "embarrassment", the ANC would win the municipal elections in the area.

2. In die situasie is mense hul reg op privaatheid en hul

menswaardigheid hul ontneem. Die staat het openbare toilette
opgerig wat die persone blootgestel het sonder enige privaatheid.
Regerings amptenare het van die geld gebruik wat veronderstel
was om te gaan vir die oprigting van die toilette vir hul persoonlike
transaksies.

3. Die storie is baie duidelik uitgelig deur die media net voor die
verkiesing om in die guns van partye te tel wanneer mense gaan
stem volgende week. Dit was op die nuus in koerante en op die
internet en radio’s reg oor die land. Dit het baie aanspraak gekry
maar net omdat die ANC en DA hul stemme wou behou.

4. Die openbare beskermer moet daar wees om koerupte

regerings amptenare uit te skakel en te straf vir hul oortreding.

Die regerings amptenare kan beskerm word deur hul partye en

mag, daarom moet die organisasie hul vasvat bv. As hul geld steel
wat vir ontwikkeling in armer gemeenskappe gaan en as ‘n
regerings amptenaar een van die basiese wette van die land
oortree bv. dronk bestuur en dan hul straf ontduik.