SAHRC Free State
By Thabo Mosia
The Free State Province continues to grapple with severe service delivery issues, which the South African Human Rights Commission (SAHRC) has linked to systemic governance failures, particularly political interference at local government levels. This was revealed in the SAHRC’s latest inquiry report, which investigated the deteriorating state of service delivery in municipalities across the province. The findings highlight that political interference undermines effective governance, exacerbates financial mismanagement, and prevents municipalities from fulfilling their constitutional obligations.
The Scope of the Inquiry
The SAHRC inquiry, conducted between March and July 2024, scrutinised 19 local municipalities and two provincial departments. These included Mangaung Metropolitan Municipality, Matjhabeng Local Municipality, and Maluti-a-Phofung Local Municipality, among others. The inquiry aimed to assess systemic challenges in service delivery, evaluate governance structures, and propose actionable recommendations for improvement.
The SAHRC report concluded that persistent political interference disrupts municipal operations and decision-making processes, undermining accountability and service delivery outcomes. Political appointees often lack the requisite qualifications, leading to ineffective administration and widespread corruption.
Governance Failures and Financial Mismanagement
The SAHRC found that many municipalities failed to achieve clean audits for six consecutive years. According to the Auditor-General’s 2023 report, Free State municipalities collectively underspent R539.04 million in conditional grants, intended for critical infrastructure projects. This underperformance, coupled with weak financial controls, delayed key projects and exacerbated service delivery backlogs.
Key findings include:
• Debt to Service Providers: Municipalities like Maluti-a-Phofung owe substantial debts to Eskom and water boards, resulting in frequent power outages and water supply interruptions.
• Mismanagement of Grants: Funds meant for service delivery were misused, with little accountability for how resources were allocated and spent.
• Capacity Constraints: A lack of skilled personnel in technical roles has crippled municipalities’ ability to maintain infrastructure and deliver essential services.
Service Delivery Failures Impacting Human Rights
The SAHRC report linked governance failures to human rights violations, citing the Constitution’s guarantee of access to basic services such as water, sanitation, and electricity. Residents in affected areas have endured frequent sewage spills, unreliable water supply, and unsafe waste disposal, leading to public health crises.
The report specifically highlighted:
• The prevalence of the bucket toilet system in rural municipalities, undermining residents’ dignity and health.
• Chronic water shortages in Mangaung and Ngwathe, where outdated infrastructure and poor maintenance have left thousands without access to clean water.
• Inconsistent refuse removal services, particularly in informal settlements, creating hazardous living conditions.
Political Interference: The Root Cause
The SAHRC inquiry identified political interference as a primary driver of dysfunctionality in local governance. This interference manifests in several ways:
1. Appointment of Unqualified Officials: Political connections, rather than merit, often determine appointments, resulting in a lack of competent leadership.
2. Undermining Administrative Processes: Municipal managers frequently face undue pressure from political figures, compromising their ability to make impartial decisions.
3. Conflict of Interest: Councillors with vested business interests in municipal contracts disrupt fair procurement processes, leading to irregular expenditure.
The report cited Mangaung Metropolitan Municipality as a glaring example, where political meddling has eroded institutional integrity, leaving residents to bear the brunt of mismanagement.
The Role of Section 139 Interventions
Several Free State municipalities have been placed under provincial administration through Section 139 interventions, a mechanism meant to address governance failures. However, the SAHRC report criticised these interventions for their lack of effectiveness. Despite oversight, municipalities like Maluti-a-Phofung and Metsimaholo showed no significant improvement in service delivery outcomes.
Dr. Henk Boshoff, SAHRC Commissioner, stated, “Section 139 interventions often fail due to inadequate planning and the absence of skilled administrators to implement corrective measures. Without addressing political interference, these interventions are mere stop-gap solutions.”
Community Voices and Protests
Residents across the Free State have expressed frustration through service delivery protests, demanding accountability and immediate solutions. The SAHRC report included testimonies from affected communities, illustrating the deep dissatisfaction with municipal governance.
One resident from Phumelela Municipality remarked, “We have been living without water for weeks. When we complain, we are told to wait, but nothing ever changes. Politicians only care about elections, not our daily struggles.”
Recommendations for Reform
The SAHRC made several recommendations to address governance failures and restore effective service delivery:
1. Strengthening Oversight Mechanisms: Establish independent oversight committees to monitor municipal performance and curb political interference.
2. Merit-Based Appointments: Implement strict criteria for hiring municipal officials, prioritising qualifications and experience.
3. Enhanced Financial Controls: Require municipalities to adopt transparent budgeting processes and enforce accountability for irregular expenditure.
4. Infrastructure Investment: Prioritise the rehabilitation of aging infrastructure to ensure sustainable service delivery.
5. Community Engagement: Promote active citizen participation in local government decision-making to ensure transparency and responsiveness.
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