Opinion by Mosotho Seekoei – In every 5 year period in South Africa the countries Electorate has a chance to participate on the Local Government Elections(LGE). This elections are held so that the South Africans who are of voting age may be able to register to vote and subsequently to go and cast their vote for their preferred political party. A moment of establishing a 5 years social contract between the voters and a party of their choice.
As of the 2021 LGE outcomes the ANC as a victorious party or a party with majority votes assumed both the administrative and political control of Ngwathe Municipality. With majority representation within the council. Has anything came out of the majority and running of Ngwathe Municipality as ANC led government? it seems the Tumahole-Parys citizens will have to watch the space.
Now does Afriforum as a civil rights organ has a duty to take Ngwathe Municipality and Eskom to court and what may be the grounds for the case? And Will the court grant any order in that regard?.Yes!
As a civic organ like any other Afriforum has a right to take both Ngwathe and Eskom to court. First Ngwathe as a juristic person, Then Eskom as a state owned entity found and established with the national governments aim of providing uninterrupted basic services. Yes Afriforum has a right to approach the high court in the case from which it establishes infringement to basic human rights as provided by section 2 of the countries constitution (Bill of rights).
Now looking at what rights may have been infringed. The south African constitution provides for the super right which is stipulated in section 11 “The right to life”. This is the right which has been negatively affected by both Ngwathe and Eskom. The Tumahole – Parys citizens which depends on life support devices have for sometime now suffered unintended consequences and the lives been threaten by the interruption on the constant supply of Electricity and water. An act which has been of both aforementioned parties conduct.
Second right to be infringed is stipulated on section 10 “The right to human dignity”. A right which both Ngwathe and Eskom failed to protect or respect.
Thirdly, the parties infringed on citizens right to the healthy environment as provided on section 24.
Since as of the interruption to constant supply of the basic services water and electricity has placed patients depending on life support devices on a harmful environment to their well being. Infact has provided for life threatening environment. At which there was no enough water to drink medicine and days without electricity from which public and private hospitals with patients depends on for their daily use and patients survival.
Lastly , one may think of the citizens rights to health care, food, water and social security as provided by section 27 of the South African constitution.
These are the right not to be trampled and fiddled with by any citizen or government entities. However, both Ngwathe and Eskom infringed on the aforementioned rights. Will the court agree that to a greater extent are such rights to be either permanently or temporarily violated? lets all rather learn from the Afriforum vs Ngwathe and Eskom case tomorrow.
Though one will say the writing is on the wall.
Now how does the case affect the ANC as a political party and an ANC led municipality.
Through the ANC’s own admission and constitutional provisions As provided by clause 21.10.8 the ANC regional executive committee has inherent right to : Supervise and direct the work of the ANC and all its organs in the region, including the ANC local government Caucuses.
Clause 21.14.2.2 provides for the ANC REC : to conduct the work of the ANC in the region and ensure that branches and all the other ANC structures such as municipal council caucuses , carry out the decisions of the ANC.
As of ones observation the current ANC IRC has failed decimally to execute the constitutionally embedded right given to such a structure which is actually the genesis of the failing ANC led municipalities since a case in point will the failure to ensure that Ngwathe Municipality supplies electricity as per the ANC National government commitment :’The ANC will stabilise Eskom. And provide safe and reliable electricity. And ensure that poor households receive the free electricity allocations their entitled.
In conclusion, the expectation out of tomorrows case will be for the court to give a compelling order on both Ngwathe and Eskom to provide constant and uninterrupted supply of basic needs to Parys communities. and for Ngwathe to table a turn around strategy for which as of tomorrow Afriforum through the courts will be technically Will be a party to the running of the ANC led government. A sad reality indeed.
The revolutionary question on what is to be done? will surely be answered via the Bloemfontein supreme court kusasa.
I am a member of ANC Ahasechaba branch in Tumahole Parys. Writing on my personal capacity.
The views expressed here are not those of Central News
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