Providing inadequate toilets at Makhaza Settlement on the Cape Flats and then removing them was an affront to the residents, the Western Cape High Court heard on Tuesday.
The proceedings, before Judge Nathan Erasmus, took the form of an application for the urgent and adequate re-installation of the toilets.
The application was brought by Makhaza residents Andile Lili and Andiswa Ncani, against the Premier of the Western Cape, the mayor of the City of Cape Town, and the City of Cape Town.
The other respondents are the Western Cape MEC for Human Settlements, the SA Human Rights Commission, the national minister of human settlements and the national minister of water and environmental Affairs.
Lili and Ncani were represented by senior counsel Norman Arendse.
He said the City's contractors, Umzamo Civils, informed the City in July 2007, that the Silvertown community, which is part of Makhaza, had stopped the contractors from proceeding with the installation of toilet clusters in the ratio of one toilet for every five households.
The City was notified that the community demanded an enclosed toilet for each household.
One of the residents was quoted in a forensic report as saying that the "nature of the toilets (without enclosures) was so insulting to us".
Arendse contended the constitutional rights to dignity, freedom and equality went hand-in-hand.
"How do you justify violating the dignity of any person?"
Arendse said the mayor stated at the time the toilets without enclosures were the "progressive realisation of housing", and that the City was entitled to keep the ration at 1:5 until the houses had roofs on them, Arendse said.
He said for two years the City had left the situation as it was --unexplained and unacceptable.
He said a trend with the City, throughout, had been to shift the blame, and the ratio of 1:5 had been applied for budgetary reasons, according to the City.
He said it had taken the City two years to appoint a contractor, while the decision to be made was merely whether the toilets would be open or closed.
Arendse contended that there was a lack of transparency within the City.
The hearing continues on Wednesday. - Sapa / New Age
The proceedings, before Judge Nathan Erasmus, took the form of an application for the urgent and adequate re-installation of the toilets.
The application was brought by Makhaza residents Andile Lili and Andiswa Ncani, against the Premier of the Western Cape, the mayor of the City of Cape Town, and the City of Cape Town.
The other respondents are the Western Cape MEC for Human Settlements, the SA Human Rights Commission, the national minister of human settlements and the national minister of water and environmental Affairs.
Lili and Ncani were represented by senior counsel Norman Arendse.
He said the City's contractors, Umzamo Civils, informed the City in July 2007, that the Silvertown community, which is part of Makhaza, had stopped the contractors from proceeding with the installation of toilet clusters in the ratio of one toilet for every five households.
The City was notified that the community demanded an enclosed toilet for each household.
One of the residents was quoted in a forensic report as saying that the "nature of the toilets (without enclosures) was so insulting to us".
Arendse contended the constitutional rights to dignity, freedom and equality went hand-in-hand.
"How do you justify violating the dignity of any person?"
Arendse said the mayor stated at the time the toilets without enclosures were the "progressive realisation of housing", and that the City was entitled to keep the ration at 1:5 until the houses had roofs on them, Arendse said.
He said for two years the City had left the situation as it was --unexplained and unacceptable.
He said a trend with the City, throughout, had been to shift the blame, and the ratio of 1:5 had been applied for budgetary reasons, according to the City.
He said it had taken the City two years to appoint a contractor, while the decision to be made was merely whether the toilets would be open or closed.
Arendse contended that there was a lack of transparency within the City.
The hearing continues on Wednesday. - Sapa / New Age
No comments:
Post a Comment