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 Conclusion

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 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? Schedule 4B of the Constitution

Structures Act

Co-operative government

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)

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 municipalities might have

different needs and features

Dry sanitation vs Waterborne?

Location

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 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 (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 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