the role of local government in realising the right to sanitation
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The role of local government in realising the right to sanitation. Allison Geduld North-West University (Potchefstroom). Cloacina – Goddess of the sewers. Outline. Introduction Consequences of the failure to provide sanitation services Whose duty is it? Legal Framework Beja case

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the role of local government in realising the right to sanitation

The role of local government in realising the right to sanitation

Allison Geduld

North-West University (Potchefstroom)

outline
Outline
  • Introduction
  • Consequences of the failure to provide sanitation services
  • Whose duty is it?
  • Legal Framework
  • Beja case
  • Conclusion
introduction
Introduction
  • Basic sanitation is a basic municipal service
  • Great strides have been made in improving access to sanitation since 1994
  • Although many people have access to sanitation facilities challenges exist wrt surrounding issues
consequences of failure to provide sanitation services
Consequences of failure to provide sanitation services
  • Sanitation-related diseases cost millions of rands to treat annually
  • Diarrhoea is currently the third highest cause of death for infants
  • A lack of sanitation could lead to an uncontrollable outbreak of disease
whose duty is it
Whose duty is it?
  • Schedule 4B of the Constitution
  • Structures Act
  • Co-operative government
legal framework
Legal Framework
  • No express constitutional right but a constitutional right can be inferred (water, housing, environment, dignity and privacy)
  • Section 3 of the Water Services Act
  • Section 7(2) of the Constitution
  • This right should be understood against the backdrop of developmental local government (Section 153 of the Constitution)
slide8

Regulation 2 of the Regulations Relating to Compulsory National Standards and Measures to Conserve Water in terms of Government notice R509 of 8 June 2001

  • states:
  • “The minimum standard for basic sanitation services is-
  • (a) The provision of appropriate health and hygiene education; and

(b) A toilet which is safe, reliable, environmentally sound, easy to clean, provides privacy and protection against the weather, well ventilated, keeps smells to a minimum and prevents the entry and exit of flies and other disease-carrying pests.”

urban and rural perspectives
Urban and rural perspectives
  • Urban and rural municipalities might have different needs and features
  • Dry sanitation vs Waterborne?
  • Location
beja and another v premier of the western cape
Beja and Another v Premier of the Western Cape
  • Facts
  • Was the agreement between the community and the municipality valid?
beja and another v premier of the western cape1
Beja and Another v Premier of the Western Cape
  • Emphasised the role of public participation and recognition of local communities in decision-making
  • Requirements for when agreements are made between municipality and community about socio-economic rights
  • The realisation of the right to sanitation is not just about distribution of resources
requirements for agreements between municipality and local community
Requirements for agreements between municipality and local community
  • (i) it must be concluded with duly authorised representatives of the community
  • (ii) it must be concluded with meetings held with adequate notice for those representatives to get a proper mandate from their constituencies
  • (iii) it must be properly minuted and publicised
  • (iv) it must be preceded by some process of information sharing and where necessary technical support so that the community is properly assisted.
  • Must take into account the vulnerable.
conclusion
Conclusion
  • Basic sanitation is a basic municipal service and constitutional right
  • It is about more than the distribution of resources
  • Public participation plays an important role
  • Differences between urban and rural municipalities
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