Home LocalSAHRC Demands Numerical Targets for Hartbeespoort Dam Transformation Amid Racial and Gender Bias Findings

SAHRC Demands Numerical Targets for Hartbeespoort Dam Transformation Amid Racial and Gender Bias Findings

by Selinda Phenyo
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SAHRC Demands Numerical Targets for Hartbeespoort Dam Transformation Amid Racial and Gender Bias Findings

The South African Human Rights Commission (SAHRC) has given the Department of Water and Sanitation (DWS) a stern 180-day deadline to fix deep-rooted racial and gender inequalities in how land is leased around Hartbeespoort Dam. This comes after a hard-hitting report that exposed years of unfair treatment against black and female applicants. SAHRC Commissioner Tshepo Madlingozi made it clear that the department must come up with a solid transformation plan, complete with clear numerical targets to track progress. The findings, released on Wednesday, have sparked calls for real change in an area long plagued by tensions between communities. As the North West province grapples with these issues, the report also puts the spotlight on the Madibeng Local Municipality for failing to enforce rules fairly, adding fuel to ongoing debates about equity in South Africa’s water and land management.


Hartbeespoort Dam, a popular spot for tourism and business in the North West, has become a symbol of lingering apartheid-era divides. The SAHRC’s probe, started after complaints from locals and business owners, shows how government failures have kept black people and women out of opportunities along the dam’s shoreline. With the clock ticking, many hope this will lead to fairer access and ease the racial strains that have built up over time.


Damning Report Uncovers Long-Standing Discrimination


The SAHRC North West office launched the investigation following allegations that the DWS had unfairly favoured white applicants in handing out leases for state-owned land around the dam. Community members and entrepreneurs claimed this shut out black people from economic chances, while also pointing fingers at the Madibeng Municipality for not cracking down on noise, building, and environmental rules. This lax approach, they said, only made racial tensions worse between black and white residents.


Through letters, meetings with stakeholders, and even a subpoena hearing against the DWS, the commission dug deep. Their report confirms that the department has dropped the ball for years on fixing racial and gender gaps in leasing. This amounts to indirect unfair discrimination, breaking the Constitution and the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA). On top of that, it hurts people’s dignity and ignores the right to fair administrative action.


The probe also found that Permissions to Occupy (PTOs) – basically occupancy permits – were pulled from black applicants without any warning or chance to defend themselves. Madibeng got a slap too, for not passing or enforcing by-laws on noise and land use, and for dragging their feet on applications. All this has stirred up bad blood in the area, making everyday life tougher for everyone.


A shocking detail from the report: Out of 16 businesses squatting on state land without proper leases or PTOs, three are owned by white men, two by white women, and the rest by black owners – but the system still tilts against new black and female entrants. This setup keeps historical privileges in place, blocking transformation.


Strict Directives for DWS and Madibeng to Make Changes


The SAHRC did not just point out problems – they laid down clear orders to sort things out. For the DWS, the big one is revamping their lease policy within 180 days and sending it to the commission. They must also roll out a full transformation plan with numerical targets, steps to fix past exclusions, deadlines for pending applications, and ways to keep everyone informed.


On the PTO front, the department has 90 days to look back at all revoked permits, bring back those wrongly taken, and let people make their case. Commissioner Madlingozi stressed: “This must not be understood as saying there must be a re-instatement for eternity. They wish to revoke, they must do so, following due process.” They also need to audit everyone using the land within 90 days and plan how to deal with illegal occupants, especially those tied to old advantages.


Madibeng faces its own homework: Hand over a breakdown of all planning, building, and licence applications within 90 days, then clear the backlog in 180 days. They must cook up a transformation plan for the dam’s economy in 90 days too. Plus, finalise and publish by-laws on noise, environment, and land use within 90 days, and beef up enforcement without picking sides.


All these plans must involve talking to affected people, ensuring no one is left out. The SAHRC will keep a close eye to make sure it all happens, and they are ready to take legal steps if needed. For any whiffs of corruption or bad admin in leasing, folks are told to go to the Public Protector. Unresolved crimes? Head to the North West police boss.


Commissioner Madlingozi’s Push for Real Accountability


Tshepo Madlingozi, the SAHRC commissioner leading the charge, pulled no punches on the need for measurable change. “The transformation plan must contain numerical transformation targets, measures to address historical exclusion, and the timelines to deal with outstanding lease applications,” he said. His words underline how the commission wants concrete numbers, not just promises, to track if black and female applicants are finally getting a fair shot.


Madlingozi also highlighted how these failures have deepened divides in Hartbeespoort, a place where tourism and business could thrive if everyone played fair. The report suggests using land expropriation laws if needed to level the field, a bold call that could stir more debate in a country still healing from land injustices.


Reactions and What It Means for Hartbeespoort


The report has stirred up strong feelings. Local business owners, especially black ones, welcome the push for equality, hoping it opens doors long shut. But some white residents worry about what changes might mean for their setups. Racial tensions, already high with complaints of unfair treatment in Harties, could ease if the fixes work.


On the ground, the dam’s economy – think boating, restaurants, and holiday spots – has been hit by these fights. Madibeng’s slow handling of rules has let noise and illegal builds slide, annoying neighbours and hurting the environment. With the SAHRC watching, both the department and municipality face pressure to act fast.


This case shines a light on bigger issues in South Africa’s water sector, where old biases linger in how resources are shared. As the 180-day clock starts, many will watch if real transformation happens or if it is just more talk. For Hartbeespoort’s people, this could be a turning point towards a fairer future, but only if the directives stick.


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