Open air toilets were built by the City of Cape Town not only when it was led by the DA but also when the ANC ran the city, according to an affidavit lodged by the City with the Western Cape High Court.
In the affidavit, Mayor Dan Plato claims that between 2000 and 2005, when the ANC was in control, “open toilets” were erected on 4,192 erven in the Brown’s Farm area in Philippi, to be covered by the beneficiaries.
The affidavit has been lodged with the Western Cape High Court in support of an application which seeks to have the court overturn a ruling by the Human Rights Commission that the city infringed on the rights of Makhaza residents in 2009 by installing open toilets.
The ANC Youth League and a Makhaza resident have applied to the court to have the HRCrecommendations that the city re-install and properly enclose toilets in Makhaza made an order of court.
But the city has asked the court to first deal with its review application.
Makhaza became headline news after reports about open toilets that had not been enclosed.
The city said it had entered into an agreement with the community that they would enclose their toilets themselves.
More than 1 200 households did enclose their toilets, but about 50 did not.
The HRC found that the city had infringed the rights of residents, but the city believes the body erred.
Plato says that either the findings of the commission must be overturned, or the court must rule on the lawfulness of the code.
Costs are asked from the commission, with the ANC’s Dullah Omar region youth league, the Makhaza resident and league members who lodged the main application, Minister of Human Settlements Tokyo Sexwale, former Minister of Water Affairs Buyelwa Sonjica, Premier Helen Zille and MEC of human settlements Bongkinkosi Madikizela joined as they have an interest in the matter.
Plato said that if communities were not allowed to negotiate with the city as was allegedly done in Makhaza, then the provisions of the code were unlawful, unconstitutional and invalid.
As such, it was important for the court to provide clarity on the lawfulness of the code and whether local authorities may consult with communities on provision of services.
Plato said the city’s current and previous administrations had entered into similar agreements with other communities in the past, with no complaints.
He said the previous ANC administration of the city had erected more than 4,000 open toilets – the “vast majority” being covered with galvanised iron by the beneficiaries – in Philippi.
The current administration had also entered into a similar agreement at the same time as the Silvertown project under which Makhaza falls, with residents of Nonqyebela in Khayelitsha.
Here all the 1,244 open toilets were enclosed by the beneficiaries, Plato says.
Open toilets had been erected elsewhere in the country as reported in weekend newspapers, which meant that the budgetary implications of the commission’s ruling would have national implications.
Approached for comment over Plato’s allegation that the ANC had entered into similar agreements when it was in charge, ANC chief whip in the council, Peter Gabriel, said it was news to him.
- IOL
In the affidavit, Mayor Dan Plato claims that between 2000 and 2005, when the ANC was in control, “open toilets” were erected on 4,192 erven in the Brown’s Farm area in Philippi, to be covered by the beneficiaries.
The affidavit has been lodged with the Western Cape High Court in support of an application which seeks to have the court overturn a ruling by the Human Rights Commission that the city infringed on the rights of Makhaza residents in 2009 by installing open toilets.
The ANC Youth League and a Makhaza resident have applied to the court to have the HRCrecommendations that the city re-install and properly enclose toilets in Makhaza made an order of court.
But the city has asked the court to first deal with its review application.
Makhaza became headline news after reports about open toilets that had not been enclosed.
The city said it had entered into an agreement with the community that they would enclose their toilets themselves.
More than 1 200 households did enclose their toilets, but about 50 did not.
The HRC found that the city had infringed the rights of residents, but the city believes the body erred.
Plato says that either the findings of the commission must be overturned, or the court must rule on the lawfulness of the code.
Costs are asked from the commission, with the ANC’s Dullah Omar region youth league, the Makhaza resident and league members who lodged the main application, Minister of Human Settlements Tokyo Sexwale, former Minister of Water Affairs Buyelwa Sonjica, Premier Helen Zille and MEC of human settlements Bongkinkosi Madikizela joined as they have an interest in the matter.
Plato said that if communities were not allowed to negotiate with the city as was allegedly done in Makhaza, then the provisions of the code were unlawful, unconstitutional and invalid.
As such, it was important for the court to provide clarity on the lawfulness of the code and whether local authorities may consult with communities on provision of services.
Plato said the city’s current and previous administrations had entered into similar agreements with other communities in the past, with no complaints.
He said the previous ANC administration of the city had erected more than 4,000 open toilets – the “vast majority” being covered with galvanised iron by the beneficiaries – in Philippi.
The current administration had also entered into a similar agreement at the same time as the Silvertown project under which Makhaza falls, with residents of Nonqyebela in Khayelitsha.
Here all the 1,244 open toilets were enclosed by the beneficiaries, Plato says.
Open toilets had been erected elsewhere in the country as reported in weekend newspapers, which meant that the budgetary implications of the commission’s ruling would have national implications.
Approached for comment over Plato’s allegation that the ANC had entered into similar agreements when it was in charge, ANC chief whip in the council, Peter Gabriel, said it was news to him.
- IOL
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