The South African Human Rights Commission (SAHRC) has called for criminal charges against the Accounting Officer of the JB Marks Local Municipality (JBMLM) for failing to appear before the Commission despite being subpoenaed. This failure to comply with legal summonses could constitute a criminal offence under section 22(a) of the SAHRC Act.

The case follows complaints about incomplete and substandard RDP houses in several municipalities in the North West Province. One such complaint, exposed serious flaws in the housing project in Toevlug, a community within JBMLM (JB Marks Local Municipality). This project, approved in 2019, promised 365 homes, but only 100 were completed—many of which suffered from serious defects, including faulty plumbing, water leaks, damp walls, and foundations that were too high for residents to access their homes. Additionally, houses were unsuitable for people with disabilities.

The ongoing issues with incomplete housing projects prompted the SAHRC to investigate municipalities in the region. The Commission’s investigation revealed that housing projects in municipalities like JBMLM and others had been plagued by delays, poor quality construction, and a lack of accountability. The SAHRC has emphasized that the failure of the Accounting Officer from JBMLM to appear before the Commission constitutes a direct violation of the SAHRC Act. The Act stipulates that failure to comply with such notices can lead to criminal charges, including fines or imprisonment for up to six months.

The SAHRC’s North West office has been at the forefront of addressing these human rights violations, noting the severe impact on vulnerable residents, especially those with disabilities. In response to this crisis, the Commission has called for urgent action to hold the Accounting Officers accountable and address the larger problem of substandard housing in the North West.

At the time of publication, JB Marks Municipality failed to respond to media inquiries from the Herald.