Joburg’s residents will have to jolt council into action

Like many people, I am fed up with local government inefficiencies. We can take courage from recent signals.

First, a high court ruled that Makana municipality in the Eastern Cape must be dissolved.

Second, a Johannesburg law firm last week hosted a workshop on “DIY law enforcement for communities”.

Third, Harrismith has made international headlines as “A town fixing itself”.

Publicising a documentary on the Free State municipality, BBC News said: “What do you do if your town is broken? If nothing works? For many areas in South Africa that is a reality. But in the town of Harrismith, one group of residents, sick of intermittent water and power, have taken the matter into their own hands.”

Something is afoot – a combination of constructive activism by gatvol communities and court intervention. Can we catch this wave? Can we arrange a Harrismith-style fix for Joburg, with the help of courts?

The Makana case is hailed as having “far-reaching implications for municipalities that fail to carry out their constitutional duty to citizens”.

Noting the phrase “constitutional duty”, can municipalities really be compelled to do everything residents expect of them? Does every expectation equate to a constitutional duty?

If pavement grass is too long, is the municipality failing in its constitutional duty? Where to draw the line?

Not every challenge need quote the constitution, whose section 152 refers to “objects” of local government. These include “democratic and accountable government”; ensuring “the provision of services … in a sustainable manner”; and the promotion of a “safe and healthy environment”.

As a ward councillor, I say local government is not sufficiently accountable; the sustainability of some service provision is questionable; and parts of the environment are neither safe, nor healthy.

So-called problem properties are one example. Johannesburgers heard ad nauseam about inner city hijacked buildings, yet a related phenomenon in the suburbs elicits little attention or action.

Here’s what happens. Neglected properties are taken over by “displaced people”. And rats. Hygiene is absent, crime is alleged.

Councillors are forbidden to issue instructions to officials. I ask nicely. After more than three years, I know umpteen reasons why the city does not act against people living illegally on private property, or in public open spaces.

All departments have plausible reasons. Yet this policy paralysis results in deterioration of what is still referred to as a world-class African city.

There are not enough shelters, staff or budget to cope with a fraction of the people sleeping rough. Section 152 of the constitution is possibly being breached as there is no sustainable provision of such services. Nor any coherent plan.

Coupled with a general failure to enforce bylaws, this is a recipe for anything but world-class status. Dangerous traffic violations are repeated daily with impunity. There are many places where you can confidently predict rushhour taxis will drive directly at oncoming traffic. Safe?

Grand-scale illegal outdoor advertising in another failure.

I have repeatedly asked senior people why bylaws are not enforced. Answers range from silence to obfuscatory excuses.

Perhaps a few robust court cases would elicit the actions required to transform Joburg into the world-class city we want.

Martin Williams, DA councillor and former editor of The Citizen.

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