The role of local government in realising the right to sanitation

1. The role of local government in realising the right to sanitation Allison Geduld North-West University (Potchefstroom)

2. Cloacina – Goddess of the sewers

3. Outline • Introduction • Consequences of the failure to provide sanitation services • Whose duty is it? • Legal Framework • Beja case • Conclusion

4. 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

5. 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

6. Whose duty is it? • Schedule 4B of the Constitution • Structures Act • Co-operative government

7. 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)

8. 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.”

9. Urban and rural perspectives • Urban and rural municipalities might have different needs and features • Dry sanitation vs Waterborne? • Location

10. Beja and Another v Premier of the Western Cape • Facts • Was the agreement between the community and the municipality valid?

11. 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

12. 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.

13. 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