JOHANNESBURG - The investigation by the South African Human Rights Commission  (SAHRC) into the “open toilet” saga has found  the ANC-run Moqhaka municipality in the Free State violated residents’ rights to human dignity and privacy.

Reading out a prepared statement to the media in Johannesburg yesterday, SAHRC deputy chairman Pregs Govender said based on the investigation, the commission also found  the respondent (the municipality) failed to adequately conceptualise, plan and implement its project which resulted in the residents being forced to use unenclosed toilets.

“The respondent’s explanation that it lacked adequate resources was not justified and is therefore unacceptable. The provincial and national government have not adequately monitored the work of the respondent or intervened in respect of the legislative and constitutional obligations,” she said.

Yesterday’s announcement comes seven months after the Democratic Alliance (DA) first complained to the HRC about some 1 600  open toilets in the Moqhaka municipality in Viljoenskroon. Their complaint follows a similar one by the ANC about toilets in the DA-run city of Cape Town.  The toilet saga became one of the key talking points in the campaigning in the build up to Wednesday municipal polls. 

Yesterday the commission also recommended that the respondent proceed with urgency to enclose all toilets in the concerned areas, to enable people to have their basic sanitation needs met.

“The commission requires the re- spondent to furnish it with a progress report at least every six months in respect of the progressive realisation of the right to water and sanitation services in the township.

“The report must demonstrate clear implementation and budgetary plans , and that both the provincial and national departments should provide a report within one month hereof indicating the steps being taken,” she said.

Govender added that the SAHRC has the powers to subpoena if there is no responses coming forward from the respondents.

Senior researcher at the commission James Motha said further investigations into the municipality indicate an overspending on salaries and allowances. “It has also been found that the municipality underspent in certain areas,” he said.

In response, the DA’s Lindiwe Mazibuko called on the ANC to ap- ologise and retract remarks attributed to the ruling party, saying the opposition was being racist, following the Cape Town toilet saga.

The ANC’s Brian Sokutu said unlike the DA, the ruling party never sought to shy away from the unenclosed toilet saga.

“We have preferred not to run away as this matter because its a municipality run by the ANC and we therefore take full responsibility.