Government department denies racial discrimination in Hartbeespoort

The Department of Water and Sanitation (DWS) has denied violating the rights of black residents and business owners in Hartbeespoort in the North West.

This comes after a report by the South African Human Rights Commission (SAHRC) found that the department failed to address racial and gender biases relating to the leasing of properties on Hartbeespoort Dam.

The report found that since 2012, there were 120 applications, of which 78 were from black individuals. Only one was approved.

“Its failures reflect indirect racial and gender discrimination and contradict its constitutional duty to advance transformation,” the SAHRC argued.

However, the DWS blamed the issues on the legacy of apartheid and 99-year leases.

“The inequities in lease allocations are a product of the apartheid legacy of long-term leases of 99 years,” it said in a statement. The new lease agreement, however, is nine years and eleven months.

The department said there is currently a backlog of 77 applicants, including 42 African, 27 white, and 8 from entities with mixed-race applicants.

“Only 21, 13 black and 8 white, of the 77 applicants provided all the required information in their applications,” the DWS said.

It added that 55 of the remaining applicants have yet to provide the necessary information, while one has indicated they are no longer interested.

The DWS also argued that the SAHRC’s finding that it unfairly revoked Permissions to Occupy (PTOs) without notice or giving affected individuals the right to be heard resulted from trying to cancel these leases.

“The department experienced huge resistance during the process of revoking those long-term leases, but ultimately the courts confirmed DWS’s right to revoke them.”

However, the DWS agreed that this was not done in accordance with the Promotion of Administrative Justice Act, 2000.

Despite this, it argues that the decision to grant PTOs was not informed by any policy direction from the department or legislative requirement.

“Therefore, DWS stands by its decision until such time it is set aside by a court of law.”

In response to the allegation of racial discrimination, the department said that the Deputy Minister of Water and Sanitation set up a Stakeholder Steering Committee (SSC) to assist to deal with complaints received from the local community.

This SSC comprises business owners, communal property associations, civil society organisations, community representatives, provincial and local government, the Magalies Water Board as well as traditional leaders.

“The department remains committed to advancing equitable access, correcting historical patterns of exclusion, and ensuring that the Lease Policy reflects both legal compliance and social justice objectives,” it said.

Other findings in the report

In addition to unfair discrimination, the investigation also probed complaints from community members about noise pollution and the lack of enforcement of planning, building and environmental by-laws and regulations.

The SAHRC found that the Madibeng Local Municipality was at fault for failing to enforce by-laws regulating noise, planning and building controls, and was unable to process planning and licensing applications on time.

“These failures, though not racially motivated, exacerbated tensions, obstructed legitimate enterprises, and undermined transformation in Hartbeespoort,” it said.

There were also complaints of systemic racism made against the South African Police Service.

However, the SAHRC found these were not substantiated, given that police had attended to cases and continued to attend to cases lodged by black residents in Hartbeespoort.