In a report released on Wednesday (27/11), the commission detailed allegations of unfair discrimination and governance failures within the Hartbeespoort Dam economy. The investigation followed complaints from business owners and residents that the DWS had for years allocated state-owned land along the shoreline in a way that unfairly disadvantaged black applicants.

Additional complaints in 2023 included concerns about noise pollution, planning violations, and a lack of enforcement by municipal authorities.

Tensions arouse last year when some businesses were set on fire in a conflict driven by alleged attempts by some “Afrikaans-speaking individuals” to displace black residents and their businesses. 

The commission found the DWS has for many years failed to redress racial and gender disparities in its leasing process, resulting in an ongoing indirect and unfair discrimination against black and female applicants, said SAHRC North West manager Shirley Mlombo.

“The department … has for many years not taken the steps required … to ensure redress for black and female applicants in Hartbeespoort, and that’s the basis in which we found they have unfairly discriminated against black and female applicants because in terms of the law unfair. Discrimination its not only an act of commission but it can also occur as an act of permission.”

She added the report instructs the department to consider all legal mechanisms available to it to regularise the occupation on the shoreline of the Hartbeespoort Dam and of cause those legal options will include evictions.

The commission also recommended that the department consider expropriation of land as a tool to ensure equitable access to national resources. This is part of ensuring land and economic opportunities around the dam are “equitably shared amongst all races and genders”.

The DWS has acknowledged receipt of the report and said it is studying the findings before issuing a formal response. The department noted it has already acted on some of the directives issued earlier and is working to conclude the others.

“The process of addressing some of the directives is running parallel with a multi-stakeholder steering committee led by the deputy minister of water and sanitation, David Mahlobo, to look into different issues affecting the stakeholders operating their businesses on state-owned (land) around Hartbeespoort Dam as well as residents around the water resource,” said DWS head of communications Dr Mandla Mathebula.

Meanwhile, the commission also found Madibeng municipality had failed to adopt and enforce by-laws dealing with noise, planning, and building regulations. It also failed to process planning and licensing applications timeously, violating residents’ rights to fair administrative action.

In its directives, the commission ordered the DWS to finalise and adopt a revised lease policy and amend related regulations within 180 days. 

It must also review all revoked permission to occupy certificates within 90 days, reinstate those found to be improperly withdrawn, and conduct a full audit of all occupiers along the dam’s shoreline within the same period.

• Have a news tip to share? Phone or whatsapp the OFM News Hotline: 066 487 1427.

 OFM News/Kekeletso Mosebetsi dg