Public Protector Kholeka Gcaleka has placed the City of Cape Town (CoCT) on a failing-municipality watch after directing that Western Cape local government MEC, Anton Bredell, monitor the metro’s compliance with her remedial action, and consider provincial intervention if it fails.
The warning is contained in Gcaleka’s report this week into service-delivery failures in Langa Flats and Khayelitsha, where the watchdog found maladministration, improper conduct and prejudice after years of complaints over sanitation, housing administration, water, electricity, public lighting, fire safety and waste management.
Gcaleka instructed Bredell “to monitor the CoCT’s implementation of remedial action on a quarterly basis” and to consider, under section 139 of the Constitution, “whether intervention may be necessary should substantial non-compliance occur”.
Section 139 is the constitutional provision that outlines the process and grounds for a provincial executive to intervene in, or place an administration over a failing municipality.
The Constitution says a province may intervene when a municipality “cannot or does not fulfil an executive obligation” in terms of the Constitution or legislation. The intervention may include “issuing a directive” to the municipal council, “assuming responsibility” for the relevant obligation, or “dissolving the municipal council and appointing an administrator” where exceptional circumstances warrant it.
Gcaleka’s remedial action effectively puts Bredell on notice that any substantial non-compliance by Cape Town cannot remain only a dispute between the Public Protector and the city.
The report says provincial governments must “monitor and support local government” and “promote the development of local government capacity” to enable municipalities to perform their functions and manage their affairs.
The city disputed several findings and argued that the report did not properly reflect “recent developments and ongoing interventions”. It also raised “operational challenges”, including funding constraints, unlawful occupation, vandalism, illegal utility connections, criminality and the statutory role of Eskom.
But Gcaleka rejected the broad defence, saying “cooperation with an investigation, while commendable, does not in itself negate a finding of maladministration” where evidence shows that constitutional and statutory duties were not fully discharged.
The report also says the city’s submissions on funding constraints “reinforce, rather than undermine” the need for stronger intergovernmental cooperation between the municipality, the province and national
departments responsible for human settlements, cooperative governance and fiscal
allocations.
Gcaleka said the city’s challenges did not “diminish the constitutional obligation” resting on organs of state to cooperate in progressively improving living conditions in communities.
The section 139 warning follows findings that the city failed to fully repair sewer infrastructure at Langa Flats, failed to regularise all leases, failed to ensure adequate water access for SST-Marikana residents, and left non-functioning high-mast lights and unresolved electricity problems affecting relocated families.
The report places immediate responsibility on mayor Geordin Hill-Lewis, who must “take note of the remedial action issued against the functionaries of the CoCT” and “ensure that it is implemented” by the municipal manager. He must table the report before the council within 60 calendar days.
- Public Protector Kholeka Gcaleka has placed the City of Cape Town on a failing-municipality watch due to maladministration and service-delivery failures in areas like Langa Flats and Khayelitsha.
- Gcaleka directed Western Cape MEC Anton Bredell to monitor the city's compliance with remedial actions quarterly and consider provincial intervention under section 139 if substantial non-compliance occurs.
- Section 139 allows the provincial government to intervene by issuing directives, assuming responsibilities, or dissolving the municipal council if a municipality fails to fulfill constitutional duties.
- The City of Cape Town disputed the findings, citing funding and operational challenges, but Gcaleka stated these do not negate maladministration or the duty to improve living conditions.
- Mayor Geordin Hill-Lewis is tasked with ensuring implementation of remedial actions and must present the Public Protector’s report to the council within 60 days.
