Constitutional Hill

Updates

Abahlali baseMjondolo 12 acquitted: statement

Press statement of Bishop Rubin Phillip on the acquittal of the ‘Kennedy 12′

Victory for Abahlali baseMjondolo – Defeat of our detractors!

We celebrate the victory that the shack-dwellers’ movement, Abahlali baseMjondolo, has won in court today where ALL of the ‘Kennedy 12′ have finally been acquitted of ALL charges against them.

For three years, since the violent attacks on Kennedy Road in 2009, we have stood side-by-side with the accused and with Abahlali while this politically-motivated and unjust process has dragged on. We are humbled by the perseverance of Abahlali, who have remained united, remained strong, and remained steadfast throughout. Theirs is the moral strength of those who know who they are, who know what they stand for, and who steadfastly know and speak the truth.

Abahlali’s victory today is a victory for all who speak the truth; it is a victory that should give courage to the poor of eThekweni, of South Africa, and the world who organise and mobilise together, and who speak and act for themselves.

That is never an easy path and it seems always to provoke slander and violence from the powerful and the rich, and from those who would rather speak FOR the poor than listen. But is the path of truth and justice, and we would all do well to listen respectfully and offer our solidarity to their struggles.

In granting the application to acquit the accused, the Magistrate noted that the testimonies and ‘evidence’ brought to sustain the charges was not just ‘unsatisfactory’ and ‘contradictory’ – but suspicious too. Indeed, during the coming months we must face the uncomfortable questions this case has raised.

In particular, we must face questions concerning the role of political parties in condoning – perhaps even actively and covertly engineering – the violent suppression of independent movements of the poor; questions about the complicity of middle-class professional ‘activists’, academics, and ‘researchers’ who have systematically amplified the lies of the state against Abahlali, added their own lies, and launched slanderous attacks against the movement and it’s supporters, myself included.

But today, we celebrate and give thanks that justice has been done.

Bishop Rubin Phillip,

Diocese of Natal of the Anglican Church of Southern Africa.

18 July 2011

Statement issued by Abahlali baseMjondolo, July 18 2011

CASAC statement on Public Protector

06 July 2011

CASAC STATEMENT ON STORY OF IMMINENT ARREST OF PUBLIC PROTECTOR

CASAC is deeply disturbed at news of the possible imminent arrest of the Public Protector, Advocate Thuli Madonsela. This threat demands an urgent response from all right-thinking South Africans.

The timing suggests an attempt is being made to intimidate the Public Protector, as she prepares to release her new report on the SAPS leases in Durban, following as it does the unlawful raid on her offices in March 2011.

The Public Protector is one of a number of institutions established under Chapter Nine of the Constitution to support democracy. The Public Protector’s task is to fight corruption and maladministration in the public service. We need a strong, independent Public Protector if we are to combat corruption and improve public service delivery.

Thus, if the Public Protector is arrested it will be a dark day in South Africa’s young democracy.

While no-one is above the law and the allegations against Advocate Madonsela’s will need to proceed through the usual criminal justice process, the onus will be on the prosecuting authorities, including the police, to demonstrate that her prosecution was in the public interest and had nothing to do with her investigation into the probity of the SAPS in the procurement of accommodation in Pretoria and Durban.

We call upon all South Africans, who care about the rule of law and the Chapter Nine institutions, to join together in defence of the Public Protector. Sipho Pityana, Chairperson of CASAC says that “it is disconcerting that ordinary South Africans have to stand up to protect an institution that is in fact designed to protect us.”

In view of the critical role that the office of the Public Protector plays in our constitutional framework, CASAC also calls on President Zuma to clarify the nature of the investigation against Adv Madonsela, if any, and to assure the nation that the work of the Public Protector will not be compromised.

Enquiries:

Lawson Naidoo – 073 158 5736

Masutane Modjadji – 076 937 0825

 

FUL talk with Justice Ariranga Pillay on SADC Tribunal suspension

Freedom Under Law and the Constitutional Court Clerks’ Alumni Association invite you to attend a talk by Justice Ariranga Pillay on the suspension of the SADC Tribunal on Monday 11 July 2011 at 17h30 for 18h00 at Werksmans in Sandton.

Justice Johann Kriegler, former Justice of the Constitutional Court of SouthAfrica and chairman of FUL, will introduce Justice Pillay and chair an open discussion after the talk.

Justice Pillay is former President of the SADC Tribunal and Chief Justice of Mauritius. He has held numerous appointments, incuding Principal Crown Counsel, Assistant Solicitor General and Parliamentary Counsel at the Attorney General’s office and Ministry of Justice in Mauritius. He is also a member of the United Nations Committee on Economic, Social and Cultural Rights as well as the appointed Adviser to the Governing Council of the African Centre for Democracy and Human Rights Studies.

Freedom Under Law was formed in order to promote democracy under law and to advance the understanding and respect of the rule of law and the principle of legality. It is chaired by Justice Johann Kriegler and its Board comprises Elize Angula (Namibia), Beatrice Mtetwa (Zimbabwe), Rahim Khan (Botswana), Professor Hugh Corder, Ezra Davids, Dr Frederick Mostert and Jeremy Gauntlett SC (South Africa). Its International Advisory Board is chaired by Lord Steyn, and includes Sir Sydney Kentridge QC, Archbishop
Emeritus Desmond Tutu, Dr Mamphela Ramphele, Professor Jeffrey Jowell QC, Soli Sorabjee QC and Vernon Jordan.

The members of the Constitutional Court Clerks’ Alumni Association have served as clerks to the justices of the Constitutional Court since the Court’s establishment in 1994.  It has over three hundred members based locally and abroad, all of whom have a demonstrated interest in constitutional law and a commitment to the ethos of a democratic society based on the values of human dignity, equality and freedom. The members carry this commitment into their professional lives in and outside the legal profession.

The Association provides a platform for engagement in dialogue that is enriching to its members and seeks to advocate an awareness of human rights and democracy in South Africa and abroad.

In pursuit of these objectives, the Association has launched the law talks – a series of discussions about the law.  These talks aim to engage its members and other interested people in topical legal issues and provide an opportunity to debate important matters facing law and constitutionalism in South and Southern Africa.

Werksmans has generously offered to host the event at its offices in Sandton (155 Fifth Street, Sandown). Drinks and snacks will be provided afterwards.

Kindly RSVP to thelawtalks@concourt.org.za before 8 July 2011, advising us of your car registration number should you require parking at the event.

The law talks are open to interested members of the public.

Book Announcement: Fanonian Practices in South Africa: From Steve Biko to Abahlali baseMjondolo

Fanonian Practices in South Africa: From Steve Biko to Abahlali baseMjondolo by Nigel Gibson
EAN: 9781869141974

UKZN Press

Fanonian Practices in South Africa examines Frantz Fanon’s relevance to contemporary South African politics, and by extension, research on postcolonial Africa and the tragic development of postcolonies. Here leading Fanon scholar Nigel C. Gibson offers theoretically informed historical analysis, providing crucial scholarly insights into the circumstances that led to the current hegemony of neoliberalism in South Africa.

 

Nigel C. Gibson is the Director of the Honors Program at Emerson College. He is one of the leading scholars of the work of Frantz Fanon, and the author of Rethinking Fanon: The Continuing Dialogue (1999) Fanon: The Postcolonial Imagination (2003), and Biko Lives!: Contesting the Legacies of Steve Biko (Palgrave, 2003).

Too few nominations for Judicial Posts: JSC

JUDICIAL SERVICE COMMISSION
MEDIA ANNOUNCEMENT
JUDICIAL VACANCIES
NOTICE OF EXTENSION

Kindly note that in light of the number of the nominations received, the Judicial Service Commission (Commission) has decided to extend the date of the nominations to fill the vacancies listed below to 01 July 2011.

The Commission invites nominations to fill vacancies as Judges in the following
Courts:

1. Supreme Court of Appeal

One vacancy for Deputy President

2. Electoral Court

One vacancy

Candidates for this vacancy do not need to be judges but should either be
Advocates or Attorneys.

3. Eastern Cape High Court (Grahamstown)

One vacancy

4. Free State High Court

Two vacancies

5. KwaZulu-Natal High Court

One vacancy for Judge President
Three vacancies for Judges

6. Labour Court

One vacancy

7. North and South Gauteng High Courts

Five vacancies

8. Western Cape High Court

Three vacancies

Nominations must be accompanied by the candidate’s written consent, detailed curriculum vitae disclosing the candidate’s formal qualifications for appointment, the standard questionnaire completed and signed by the candidate, as well as copies of at least three written judgments by the candidate. The standard questionnaire to be completed by all nominees is available on the Constitutional Court website www.constitutionalcourt.org.za.

The JSC reserves the right to recommend a candidate for the filling of any vacancy which may exist at the time of the interviews. This is to avoid the situation which has arisen in the past when, despite the availability of suitable candidates, no appointments could be made to fill vacancies which had occurred subsequent to the notice calling for nominations. Consequently, in making nominations, regard should be had to the possibility that more judicial vacancies may occur than have been advertised.

The Secretariat wishes to emphasize the following points:

1. Interviews with short-listed candidates will be conducted in public, i.e. members of the public and the media (both electronic and print) will be entitled to be present.

2. It is open to persons or bodies nominating candidates to motivate their nominations by referring the JSC to the candidate’s qualifications and general fitness for appointment.

3. The questionnaire must be accompanied by the standardized “clearance certificate” which the candidate is required to obtain from his/her professional body regarding the candidate’s professional status within that body, his or her suitability for appointment to the Bench and the nature of any disciplinary proceedings completed or pending in respect of the relevant candidate.

4. Nominations must be addressed to and reach the Secretariat of the JSC by no later than Friday, 01 July 2011 at 16h00. The JSC will not consider any nomination received after the abovementioned date.

The date and venue for the interviews will be communicated to candidates in due course.

Applications must be addressed to:

The Secretariat of the JSC
Constitutional Court
Private Bag Xl
Constitution Hill
Braamfontei n
Johannesburg
2017

Statement issued by Sello Chiloane, Secretariat: Judicial Service Commission, June 17 2011

Lesbian and Gay Equality Project welcomes SA’s UN moves on sexual orientation

LESBIAN AND GAY EQUALITY PROJECT (LGEP)

PRESS STATEMENT: LGEP WELCOMES ROLE PLAYED BY SOUTH AFRICAN GOVERNMENT AT THE UNITED NATIONS HUMAN RIGHTS COUNCIL AGAINST HUMAN RIGHTS VIOLATIONS ON SEXUAL ORIENTATION AND GENDER IDENTITY

The Lesbian and gay Equality Project (LGEP) congratulates the South African government for sponsoring a historic resolution on human rights violations based on sexual orientation and gender identity. South Africa will present this resolution for voting to Member States of the United Nations (UN) at the UN Human Rights Council session today in Geneva.

This historic resolution affirms the universality of human rights, and notes concern about acts of violence and discrimination based on sexual orientation and gender identity. It requests the High Commissioner for Human Rights to prepare a study on violence and discrimination on these grounds, and calls for a panel discussion to be held at the Human Rights Council to discuss the findings of the study in a constructive and transparent manner, and to consider appropriate follow-up.

This resolution is consistent with the South African Constitution, South African legislation and numerous judgments of South African Courts. The South African Bill of Rights explicitly and proudly prohibits discrimination, both by the state and by private persons, on the ground of sexual orientation. The LGEP is also pleased with the progressive role played by the South African government in the current round of discussions on sexual orientation at the UN Human Rights Council. This is a welcome departure from past statements and positions advanced by representatives of the South African government at the Council and other international fora.

The resolution lays a strong foundation for South African to advance and promote the content of the resolution in the African Union (AU) and the Southern African Development Community (SADC). The South African role in African multi-lateral institutions is critical given the extremely difficult environment for lesbian, gay, bisexual, transgender, inter-sexed and queer (LGBTIQ) people and their defenders face in many countries of our continent. Many LGBTIQ people live in continual fear of violent attack and experience discrimination. The resolution gives an international foundation for protection to one of the world’s most vulnerable minorities.

The LGEP also ackgnowledges the role played by several civil society organisations that actively lobbied for this resolution. This includes the Benoni-based Coalition of African Lesbians, the Cape Town-based Black Sash, Freedom and Roam Uganda, Sexuality Policy Watch (Brazil), International Gay and Lesbian Human Rights Commission (USA), Global Action for Trans* Equality (USA), International Commission of Jurists (Switzerland), Human Rights Watch (USA) and many others.

There are still a number of countries that are not in support of the statement. Yet, it is very important that this resolution is adopted. If passed, this will be the first UN resolution ever to bring specific focus to human rights violations based on sexual orientation and gender identity. We therefore support ongoing efforts by many activists engaging different UN member states to support the resolution tomorrow.

ENDS

FOR COMMENTS, CONTACT:

Mazibuko K. Jara – 083 651 0271

Phumi Mthethwa – 072 959 9194

CASAC to challenge extension of CJ’s term of office

MEDIA STATEMENT

15 June 2011

CASAC AND CALS LAUNCH COURT APPLICATION TO CHALLENGE EXTENSION OF TERM OF CHIEF JUSTICE

CASAC together with the Centre for Applied Legal Studies (CALS) at the University of the Witwatersrand, Johannesburg have today launched an application challenging the constitutionality, validity and legality of President Zuma’s decision to request Chief Justice Sandile Ngcobo to continue to perform active service as Chief Justice for a further period of five years. We will seek a hearing in the North Gauteng High Court on 19 July 2011.

In the Founding Affidavit, the applicants state that they “do not wish in any way to impugn the integrity or ability of the Chief Justice…. (and that) a constitutional principle of fundamental importance is at stake.” They also raise concerns about the damage that will be done to the administration of justice if uncertainty over the legality of the extension of the Chief Justice’s term is not resolved quickly.

The current term of office of Chief Justice Ngcobo will expire on 15 August 2011 after a 12 year stint as a Constitutional Court judge. However President Zuma announced on 3 June 2011 that he had decided to extend the term of the Chief Justice for a period of five years, from 16 August 2011 to 15 August 2016. The extension was done in terms of section 8(a) of the Judges Remuneration and Conditions of Employment Act, 2001. In this statement from the Presidency it was noted that the President had merely informed the political parties as well as the Judicial Services Committee of his decision; it did not claim that he had consulted them.

However, section 176(1) of the Constitution provides that:

“A Constitutional Court judge holds office for a non-renewable term of 12 years, or until he or she attains the age of 70, whichever occurs first, except where an Act of Parliament extends the term of office of a Constitutional Court judge.”

CASAC and CALS believe that the Constitution requires that two things be done before the term of Constitutional Court judges can be extended:

• First, the Constitution requires that Parliament decides on the extensions – not the President. In this case Parliament has been prevented from playing its rightful role.

• Second, the Constitution does not permit an extension being granted for a specific Constitutional Court judge or Chief Justice. Rather it allows only a law which extends the terms of Constitutional Court judges or categories of Constitutional Court judges generally.

It is our contention that section 8(a) of the Judges’ Remuneration and Conditions of Employment Act is unconstitutional in that it seeks to delegate a power to the President to decide whether to extend the term of a Chief Justice.

Sipho Pityana, Chairperson of CASAC says that “This infringes upon the principle of the separation of powers, the rule of law and the independence of the judiciary that are the very cornerstones of our constitutional architecture.”

If a Chief Justice is unilaterally appointed by the head of the executive there will inevitably be a suspicion or perception that he or she is beholden to the person that has the power to appoint. This breach of judicial independence is heightened by the fact that, while the Constitution imposes a system of checks and balances for the initial appointment of a Chief Justice, no such checks and balances are put in place when section 8(a) of the Judges’ Remuneration Act is used.

The Constitution provides for fixed term appointments of Constitutional Court judges. That is an important component of their judicial independence. Indeed the Constitutional Court itself has stated that a renewable term of office increases the risk that the office-holder may be vulnerable to political and other pressures.

The legal challenge by CASAC and CALS highlights the uncertainty of the legality of the Chief Justice’s extension. Unless it is resolved expeditiously, this uncertainty has the potential to undermine the administration of justice in South Africa. This is a state of being that we as a nation can ill afford. We need instead to be strengthening constitutional institutions so that we may consolidate and deepen our democratic order.

Enquiries: Lawson Naidoo 073 158 5736 Masutane Modjadji 076 937 0825

CASAC joins challenge to extension of term of office of Chief Justice

MEDIA STATEMENT

10 June 2011

CASAC Challenges extension of term of office of Chief Justice

The Council for the Advancement of the South African Constitution (CASAC) will challenge the unilateral decision by President Jacob Zuma to extend the term of the office of Chief Justice Sandile Ngcobo.

CASAC will be joining the Centre for Applied Legal Studies (CALS) in the court action. Legal papers are being prepared and will be filed as soon as possible.

CASAC has taken this decision as the actions of the President infringe upon the fundamental principles of the Constitution including the independence of the judiciary and the separation of powers. CASAC will challenge the validity and constitutionality of section 8 of the Judges Remuneration and Conditions of Employment Act.

Job Vacancy: Director of Centre for Comparative Law in Africa – UCT

UCTcircular logoIf you are an experienced, qualified and highly motivated person, then we invite you to apply for this three-year contract position as Director of the Centre for Comparative Law in Africa (CCLA). As the successful candidate, you will be required to set up and manage the Centre and, importantly, to seek funding to ensure the Centre’s sustainability. You will also assist the Chair: Comparative Law in Africa (to be appointed) to implement the vision and mission of the CCLA.

Activities and Responsibilities:

  • Financial and Strategic Management
    • Budgeting and strategic planning on a regular basis
    • Actively seeking means to sustain the Chair and Centre beyond 2013
    • Fundraising and securing donations and sponsorships as a matter of priority
    • Facilitating high level projects for the Director of Research/Chair of CCLA
    • Liaising with the Chair to develop a Postgraduate programme in Comparative Law in Africa
  • Appointments and Recruitment
    • Appointment of Administrative and Research staff, and the Recruitment of PhD students
    • Assist in the recruitment of candidates for the Academic Visitors Programme and assistance in the selection of suitable candidates for the programme
    • Responsible for defining key performance indicators of all positions line managed by the Director
    • Responsible for evaluating positions regularly and staff development

  • Management, Administration and Communication
    • To promote the initiative in Africa and beyond to relevant parties, namely:- students, scholars, donors/funders
    • Setting up of networks for African Comparative scholars
    • Activating and ensuring the smooth running of the Visiting Academics Programme with the aim to increase exposure of the CCLA
    • Initiating and co-ordinating communication within the Faculty and University, as well as with external stakeholders in respect of the Chair and CCLA
    • Space Management within the Law Faculty pertaining to the CCLA
    • Ensuring the CCLA becomes operational within one year of appointment
    • Take responsibility for implementation of recommendations from the Dean, Director of Research, and Head of Department
    • Profiling of the Chair and CCLA, i.e. by newsletters, strategic positioning etc.

  • Systems Management
    • Assisting the Chair in establishing a Postgraduate Programme
    • Reviewing and regularly updating comprehensive learning objectives and training programmes utilized by the Centre
    • Project management of new systems applicable to the Centre

Requirements:

  • A Master’s or MBA degree;
  • Proven fund-raising skills;
  • The ability to write high level funding reports and proposals;
  • Managerial and leadership qualities;
  • Proficiency in English
  • Financial literacy (budgeting, reporting, management).

The following will be advantageous:

  • A legal qualification;
  • Familiarity with other African legal systems;
  • Fluency in French or Portuguese.

The annual remuneration package, including benefits for 2011 is in the range:  R462 657 – R544 316.

Application process:

To apply, please e-mail the completed UCT Application form and all other relevant documentation as indicated on the form to Ms Edith Graham, Staff Recruitment and Selection, University of Cape Town, Rondebosch, 7700.

E-mail: edith.graham@uct.ac.za; Tel: +27 21 650-5405; Faculty website: www.law.uct.ac.za

Reference number for this position: SR111/11 Closing date for applications: 27 May 2011

An application which does not comply with the above requirements will be regarded as incomplete. Only shortlisted candidates will be contacted.

UCT is committed to the pursuit of excellence, diversity and redress. Our Employment Equity Policy is available at http://hr.uct.ac.za/policies/ee.php.

Sifuna iitoilet ezikhuselekileyo, ezicocekileyo nezinika isidima

Sign the petition by clicking here.

17 years after our first democratic election, half a million people in Cape Town’s informal settlements do not have access to clean, safe, hygienic or private toilets and water sources[1].

Nationally, more than 10.5 million people do not have access to basic sanitation[2]. Where toilets do exist they are often dirty, unhealthy places of danger. The provision of “Basic Sanitation” to informal settlements is the responsibility of every local government.

“Basic Sanitation” is defined as a shared toilet (5 families per toilet) which is safe, reliable, environmentally sound, easy to keep clean, provides privacy and protection against the weather, well ventilated, keeps smells to a minimum, prevents the spread of sanitation-related diseases and the entry and exit of flies and other disease-carrying pests[3].

This basic standard is out of reach for many living in Khayelitsha – an area containing the City’s largest informal settlements and the area in which the Social Justice Coalition (SJC) is based – and similar underdeveloped areas across the city and country. The simplest and most private bodily functions – using a toilet or drinking water – are some of the most dangerous activities for residents. These communities bear the overwhelming burden of crime. The prospect of a criminal attack is the first consideration before the use of a toilet. Residents of both sexes and all ages are frequently robbed, raped, assaulted and murdered on the way to relieve themselves in a toilet or empty clearing often very far from their homes.

Risks are not limited to acts of crime. Permanent toilets and water services are unhygienic, poorly monitored and maintained, and insufficiently supplied by the City. This has resulted in very high rates of worms, gastroenteritis, and diarrhoea; particularly in children.

The supply of insufficient, inadequate and poorly maintained sanitation services to informal settlements is a violation of the constitutional rights of all to safety, health, dignity, privacy and an equal access to water and sanitation. It is an emergency which affects all residents in a number of ways on a daily basis, and in many cases has become a matter of life and death.

The SJC is committed to realising the right of all people in South Africa to be free of all forms of violence whether from public or private sources. The SJC’s first step is to demand safe, clean, hygienic and private sanitation facilities for residents in Khayelitsha, and later other informal settlements across the City and Country.

We therefore demand from the Mayor and City of Cape Town:

1. An implementation plan for adequate maintenance, monitoring, and coordination of existing sanitation services in Khayelitsha’s informal settlements.

2. A commitment, public consultation, implementation plan and budget to ensure that every household in Khayelitsha’s informal settlements has access to a basic sanitation and access to water within an agreed upon timeframe following consultation.

Thina bahlali baseKapa:
SIFUNA IITOILET EZIKHUSELEKILEYO, EZICOCEKILEYO NEZINIKA ISIDIMA!

Kwiminya eli-17 emva kwenkululeko, isiqingatha sesigidi sabantu abahlala ematyotyombeni kwisixeko saseKapa abanazitoilet ezicocekileyo, ezikhuselekileyo nezinika isidima.[1]

Kwizwelonke, bangapha kwezigidi ezingama-12 abantu abangenazinkonzo zothutho lwelindle namanzi..[2] Apho iitoilet zikhoyo ixesha elininzi zikwiindawo ezinengozi kwaye zingcolile, zingacocekanga.

Umgaqo siseko wesixeko saseKapa nowezwe lonke uchaza iinkonzo zothutho lwelindle njenge “itoilet yomphakathi(itoilet nganye isetyenziswa zizindlu eziyi-5) ekhuselekileyo, ethembekileyo, elula ukuyicoca, enika imfihleko nekhusela kwisimo sezulu, enemingxunya eyenza inganuki nekhusela impukane nezinye igrogro eziphethe izigulo.”[3] Kodwa eyona nto yenzekayo ayifani noku.

Lo mgangatho osisiseko awufumaneki kubantu abaninzi abahlala eKhayelitsha – eyona ndawo igcwele oogobi tyholo abaninzi kwisixeko sethu – nakwezinye indawo kwisixeko nakwizwe lonke. Eyona nto ilula kwaye eyimfihlo ongayenza-ukusebenzisa itoilet okanye ukusela amanzi, yeyona nto iyingozi ematyotyombeni – ezi zindawo apho kukho obona bundlobongela buyingozi kweli loMzantsi Afrika. Ingcinga zokuhlaselwa zizikrelemnqa soloko zihleli ezingqondweni kuluntu phambi kokuba lusebenzise itoilet. Abahlali bezini zonke neminyaka beyakhuthuzwa kwaye bebethwa, bahlukunyezwe ngesondo ngelinye ixesha babulawe besiya etoilet, kwaye nezindlu zabo zikhuthuzwa ngoba bezishiye zodwa ngelixa besiya etoilet.

Iingozi ayipheleli kubundlobongela. Iitoilet ezininzi ematyotyombeni azicocekanga, impatho nolungiso lwazo alulunganga kwaye inkonzo zazo azinikezelwa kakuhle sisixeko. Lento yenze ukuba kugcwale isifo seentshulube, nesotyatyazo ngakumbi ezintsaneneni.

Unikezelo olunganelisiyo nelungekho semgagathweni lweetoilet ematyotyombeni apha kwisixeko saseKapa lunyathelo lwamalungelo oluntu okhuseleko, empilo engcono, isidima, imfihleko nokufumana iinkonzo zamanzi nezothutho lwelindle ezilinganayo. Sisehlo esingxamisekileyo esichaphazela bonke abahlali ngeendlela ezininzi mihla le, kwaye ngamaxesha amaninzi iyinto yokufa nokuphila.

Singu-SJC sizimisele ukufezekisa amalungelo oluntu lonke eMzantsi Afrika ukwenzela bangabi ngamaxhoba obundlobongela. Inyathelo lethu lokuqala singu-SJC kukufunela abantu baseKhayelitsha iinkonzo zothutho lwelindle ezicocekileyo, ezikhuselekileyo nezinika isidima nemfihlo.

Ngoko ke sifuna usodolophu nesixeko saseKapa:

1. isicwangciso sokuzisa inkqubo esemgangathweni yokugcina, ukujonga nokuphathwa kweenkonzo zothutho lwelindle ezikhoyo kumatyotyombe aseKhayelitsha.

2. isiqinisekiso, isicwangciso sokuzisa inkqubo kunye nohlahlo lwabiwo mali(budget) ukwenzela yonke indlu esematyotyombeni eKhayelitsha ixhamle kwiinkonzo zothutho lwelindle nezamanzi.

[1] City of Cape Town via “The Water Dialogues: Cape Town case study” by Karen Goldberg (2009)

[2] D Department of Water Affairs; http://www.dwa.gov.za/dir_ws/wsnis/default.asp?nStn=introduction (2010)

[3] Water Services Act (1997); Strategic Framework for Water Services, Department of Water Affairs and Forestry (2003); The City of Cape Town Water Services Development Plan (2008/2009)