The Ombudsman identified five major failures in municipal service delivery by the City of Cape Town, finding that residents in the Langa Flats and Khayelitsha areas were denied constitutionally guaranteed services, and ordered mandatory corrective measures.
Systemic Investigation Findings
Ombudsman Kholeka Gqaleka stated that the results of the systemic investigation confirmed complaints regarding low quality of service. In her view, the municipality's actions qualify as improper conduct, inefficient management, and bias against affected residents.
Gqaleka emphasized that providing basic municipal services is not merely an administrative function but a fundamental constitutional obligation that directly impacts the human dignity, safety, and well-being of South African citizens.
Reasons for the Investigation
The investigation was initiated by complaints received from residents during the annual outreach events of the South African Ombudsman in the Western Cape in March 2022 and April 2023. Gqaleka checked whether the City provided services progressively and effectively, as required by the Constitution and law, and confirmed that the assertion of non-compliance with the Constitution and law in the provision of basic services was justified.
Five Key Areas of Violation
Five critical areas were identified where the City failed to meet its constitutional and legislative obligations:
1. Failure to Provide Safe Housing
The Ombudsman discovered that the City of Cape Town had not concluded lease agreements with all residents of Langa Flats while continuing to collect monthly rent. This failure to formalize agreements undermined residents' housing guarantees, exposing them to uncertainty, disputes, and potential eviction.
Furthermore, it was found that the sewage infrastructure had not been fully repaired, and structural defects and fire safety equipment remained unresolved. Gqaleka noted that the City's inability to repair and maintain fire safety equipment directly affects constitutional rights to life, dignity, and adequate housing.
2. Insufficient Water and Electricity Supply
Residents of the SST-Mariana area continued to face inadequate access to water, and non-functional high lighting masts created safety risks for communities. The report indicated that the City violated the right to sufficient water, guaranteed under Section 27(1)(b) of the Constitution, by failing to provide water access to SST-Mariana residents.
It was also established that the City did not consult Eskom before relocating residents, resulting in some families being left without electricity. According to the report, this violates the City's positive obligations under Sections 152(1)(b) and (d) of the Constitution to ensure sustainable service provision and create a safe environment.
3. Lack of Safety in Clinics
The investigation showed that the Mathew Goniwe and Town Two clinics lacked smoke detectors and CCTV systems, putting patients, staff, and visitors to the medical facilities at risk. The Ombudsman noted that the City's inability to install smoke detectors affects the municipality's constitutional obligation to ensure safe access to medical services.
4. Neglect of Critical Infrastructure
Weaknesses in municipal governance were found, including inadequate application of bylaws, illegal construction on sewer easements, frequent sewage blockages, illegal dumping, and accumulation of waste. Illegal constructions hindered service provision by interfering with the operation of the sewerage infrastructure.
In addition, despite regular waste collection, the accumulation of refuse and illegal dumping continued to negatively affect residents.
5. Failure to Resolve Long-Standing Service Issues
The City's inability to resolve service provision issues over a prolonged period was deemed a pattern of improper conduct. The report indicated that the municipality's failure to implement reasonable measures within available resources, coupled with an inadequate response to three years of documented service deficiencies despite numerous promises, forms a pattern of improper conduct.
Gqaleka acknowledged the City's challenges, such as aging infrastructure, vandalism, land invasions, rapid urbanization, and competing demands for service provision. However, she stated that resource constraints cannot indefinitely postpone the realization of residents' constitutional rights.
Orders and Next Steps
Gqaleka issued mandatory corrective measures against the City of Cape Town, requiring the elimination of the identified shortcomings. The Municipality must ensure water access for SST-Mariana residents within 30 days, complete the repair of sewerage infrastructure in Langa Flats and Khayelitsha within 120 days, restore high mast lighting, resolve electricity issues for relocated families, and improve safety measures in clinics.
Monitoring compliance with these requirements has been assigned to the MEC for Local Government in the Western Cape. The Ombudsman stressed that municipal difficulties cannot justify persistent failures in basic service delivery, insisting that the Constitution requires progressive implementation and accountability.
Cape Town City's Response
The City welcomed the Ombudsman's recognition of its close cooperation with the office during the investigation and stated that it has already taken steps to address many of the raised issues. It also expressed approval of the findings concerning the National Treasury and the Department of Human Settlements, noting that the report acknowledged the financial and infrastructural difficulties faced by municipalities.
The Municipality clarified that the investigation concerned part of the N2 Gateway residential complex, the relocation of 10 families to SST-Mariana for sewer repairs, and safety measures in two municipal clinics. The City maintained that basic services are provided in the N2 Gateway complex, and that relocated families have access to water and sanitation.
In response to the remarks, the City reported that waste collection, sewer maintenance, and fire safety measures have already been implemented, and further updates to the sewer infrastructure are planned. It was noted that 94 valid lease agreements exist, but many residents have refused to sign or renew the agreements, which may require legal formalization.
