The Democratic Alliance has lodged a complaint with the South African Human Rights Commission (SAHRC), accusing the City of Ekurhuleni of violating residents’ constitutional rights by leaving more than R600-million worth of public facilities unused, with some projects completed as far back as 2018.
In a complaint dated October 27, DA Gauteng MPL and Ekurhuleni mayoral candidate Khathutshelo Rasilingwane called for an investigation into the municipality, its mayor and city manager over the failure to open completed infrastructure projects intended to provide essential services to communities.
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The party argues that the continued closure of the facilities denies residents access to services and opportunities, while public money is spent maintaining buildings that remain out of use.
“The main thrust of this complaint concerns the human rights violations by the City of Ekurhuleni and persons responsible for ensuring that services are provided to residents,” the complaint reads.
According to the submission, the municipality has spent more than R600-million on infrastructure projects that remain unopened, despite some having been completed several years ago. The DA further claims that the city continues to pay approximately R192 464 a month for security at the unused facilities.
The figures are based on information obtained through a response from City Manager Kagiso Lerutla to a question in the Gauteng legislature concerning infrastructure development and local government.
Vosloorus ECD centre remains shut
Among the facilities highlighted is an early childhood development (ECD) centre in Vosloorus, which was completed in May 2018 but has yet to begin operating. The complaint states that the appointment of a non-profit organisation to run the centre was delayed by community protests and concerns about the vulnerability of children.
However, the DA argues that the initial circumstances cannot justify the continued closure of the facility eight years later.
“Despite the centre having been completed eight years ago, it remains unopened and non-operational,” the complaint states.
Questions over other idle facilities
The submission also identifies the Vosloorus multipurpose centre and Bakerton Stadium as facilities that remain out of operation.
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In the case of the multipurpose centre, the city reportedly cited the absence of municipal services, including water and electricity. At Bakerton Stadium, the explanation given was that the playing field had been damaged by fire and would recover after rainfall.
The DA argues that the failure to make the facilities operational has consequences for children, young people and other residents who could benefit from the services they were designed to provide.
It says unused ECD centres deprive children of opportunities for early learning, while community facilities could provide young people with access to skills development and other opportunities to improve their prospects.
Constitutional rights at the centre of complaint
The complaint argues that the municipality’s responsibilities extend beyond constructing infrastructure to ensuring that residents can actually use it. Section 7 of the Constitution requires the state to respect, protect, promote and fulfil the rights contained in the Bill of Rights, the DA notes in its submission.
The party further links the situation to broader governance and financial problems in the metro, citing concerns about unemployment, corruption, weak revenue collection, vandalism and poor service delivery.
The complaint references Auditor-General findings on financial distress, accountability failures and weaknesses in procurement and contract management at the municipality. It also cites a reported R2.4-billion write-off from the city’s debtors’ book as households struggle to pay their municipal accounts.
Call for urgent SAHRC intervention
Rasilingwane has asked the SAHRC to investigate the alleged violations and determine whether the municipality’s conduct breaches residents’ constitutional rights. The complaint also asks the commission to consider approaching a competent court on behalf of affected communities to protect their rights.
“Given the immense public interest in this matter, we therefore ask that you investigate this matter with the necessary urgency it requires,” the submission states.
- The Democratic Alliance (DA) has lodged a complaint with the South African Human Rights Commission (SAHRC) against the City of Ekurhuleni for leaving over R600-million worth of public facilities unused, some completed since 2018.
- The complaint, filed by DA Gauteng MPL Khathutshelo Rasilingwane, calls for an investigation into the municipality, its mayor, and city manager for failing to open completed infrastructure projects providing essential services.
- Facilities highlighted as unused include the Vosloorus early childhood development (ECD) centre completed in May 2018, the Vosloorus multipurpose centre, and Bakerton Stadium, with reasons for closure including community protests, lack of municipal services, and fire damage.
- The DA states the municipality continues to pay approximately R192,464 a month for security at these unopened facilities, and that their closure violates residents’ constitutional rights under Section 7 of the Bill of Rights.
- The complaint references broader governance issues like financial distress, corruption, and weak service delivery, urging the SAHRC to investigate urgently and consider legal action to protect residents' rights.
