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

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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)


Cloacina goddess of the sewers

Cloacina – Goddess of the sewers


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)


The role of local government in realising the right to sanitation

  • 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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