DEAR Editor,-
I write this letter to you as a citizen, interested person, property owner, on behalf of the Umzumbe Ratepayers’ Association (UBRA), as well as the many residents in Umzumbe and the Hibberdene area.
The Constitution of The Republic of South Africa Act 1998 (Act 108 of 1988) grants certain powers to, but also imposes obligations on municipalities, including Ugu District Municipality.
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In particular, the Constitution places the obligation in respect of air pollution, waste water and solid waste on the municipality. Part B of schedules 4 and 5 provide for municipal responsibility as follows:
Part B: of schedule 4: “The following local government matters to the extent set out in section 155 (6) (a) and (7):
· Air pollution
· Firefighting services
· Water and sanitation services limited to potable water supply systems and domestic waste water and sewage disposal systems”
· Over a protracted period Ugu has failed to supply the water service which it is obliged to do.
· Numerous complaints have been addressed to Ugu by a wide range of the public about burst water pipes, empty reservoirs, inconsistent water supply, low water pressure, no water at times and so forth.
· The officials approached at Ugu have given a variety of excuses as what the reason for the problems are and also what is being done to set the matters right – but to no avail.
· As you are well aware, we are currently in South Africa’s prime holiday season and there are thousands of holidaymakers visiting our coast – in particular, the area of your administration. On many days they do not have any water whatsoever. Often they are required to buy water at exorbitant prices.
· It can be expected that if something is not immediately done to rectify the situation, many of these holidaymakers will leave – never to return.
· The accommodation and holiday industry is by far the greatest industry in your area and provides thousands of direct and indirect jobs. If businesses are obliged to close down because holidaymakers stay away, it will not only be a disaster but lead to many other difficulties, including unemployment, the escalation in crime, an inability of people being able to pay for their services and rates, etc.
· The current situation is extremely serious and requires exceptional and immediate attention.
· That being so I call upon you in your respective capacities as mayor and CEO to declare publicly what the total problem currently is and what urgent steps Ugu is taking to sort it out forthwith, and how quickly the current situation will be set right. Should you fail to do so, immediate steps will be brought by way of legal proceedings to compel you and Ugu to meet your obligations.
· In the matter of Kenton-on-Sea Ratepayers’ Association and Others vs Ndlambe Local Municipality and Others (4341/2014) [2016] ZAECGHC 45; 2017 (2) SA 86 (ECG) (15 June 2016), the court correctly set out the obligations which a municipality such as Ugu has.
· In the copy of that judgement, the mayor and the CEO were held personally responsible under threat of being imprisoned if they fail to fulfill their duty. It will be unfortunate if such a result follows if you do not fulfil yours and Ugu’s obligations.
PATRIZIA WOOD
On behalf of the Umzumbe Ratepayers’ Association
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