Mtungwa v Ekurhuleni Municipality Securing water and sanitation services for informal settlements in the East Rand

Langaville Different levels of formality Extremely poor-most earning under R1000 per household per month Low education Limited services (either governmental or NGO) Ekurhuleni Municipality, Tsakane Langaville part of RDP extensions Informal settlement of 3600 residents Three settlements- extension 18 (108 shacks, no water supply), extension 3 (184 shacks, 1 water point), extension 6 (1016 shacks, 1 working water point)

Access to services in Langaville Water – Standpipes provided by the municipality – illegal taps – Begging from local RDP houses – Extreme shortage Sanitation – No provision by the municipality- informal/begging Electricity – No provision by the municipality-informal connections

The impacts of limited access to services Taps – Long queues at taps – Difficult for those who are employed to queue – Most residents live more than 200m away-up to 1km – Insufficient flow rate – Have to push water over difficult terrain to get back Begging – Have to come at certain times – Have to pay Lack of electricity – Safety from crime – Fires Lack of water – Can rarely afford enough water to wash – When not enough water cant cook basic staples-pap and vegetables. Spend more money on food or have pap pancakes – HIV/AIDS-difficulty with taking medicine – Cant wash hands after toilet Lack of toilets – Use pit latrines next to shacks – Unhealthy: attracts vermin, flies, and disease – Sometimes pay to use RDP toilets or go in the bushes

Applicable legislation and regulations- Water S27 (1)(b) of the Constitution – Everyone has the right to have access to sufficient water R3 of the National Regulations – Sufficient connections to supply a minimum quantity of potable water of 25 litres per person per day or 6 kl per household per month – At a minimum flow rate of not less than 10 litres per minute – Within 200m of each of the residents households – With an effectiveness such that the residents are not without a water supply for more than 7 full days in any year Water Services Act – s1 Basic water supply means the prescribed minimum standard of water supply services necessary for the reliable supply of a sufficient quality and quantity of water to households, including informal households, to support life and personal hygiene – S3 Everyone has a right of access to basic water supply

Applicable legislation and regulations- Sanitation R2 of the National Regulations – The minimum standard for basic sanitation services is a toilet which is safe, reliable, environmentally sound, easy to keep clean, provides privacy and protection against the weather, is well ventilated, keeps smells to a minimum and prevents entry and exit of flies and other disease- carrying pests Water Services Act – S1 Basic Sanitation means the prescribed minimum standard of services necessary for the safe, hygienic and adequate collection, removal, disposal or purification of human excreta, domestic waste water and sewerage from households, including informal households. – S3 Everyone has a right of access to basic sanitation

Ekurhuleni Metropolitan Municipality Indigent Policy S6- indigent person- a person lacking the necessities of life such as sufficient water, basic sanitation, refuse removal, health care, housing, environmental health, supply of basic energy, food and clothing S8 –policy must be accessible to all qualifying residents, implying that currently unregulated settlements...must be brought into the municipal system so that such residents are not excluded. Problems – S14-relief is provided by way of credit to an existing municipal account – S11-housholds that are not registered with the municipality as consumers of services are precluded from receiving support – S10-support is to residents of the municipality who are unable to pay their municipal accounts. – Practical implementation Authorised settlements only Working through a councillor; community problems with councillor Nditha

Ekurhuleni Metropolitan Municipality Interim Services Report Interim services report – Accepts that informal settlements must be included in basic sanitation and water at least as a temporary measure – Municipality undertakes to implement a water standpipe within 200m of each household, or if not possible, by means of water tankers. Agrees that this can be increased – 1 chemical toilet per 10 families, where health problems are associated with pit latrines

Strategy-enforcement and implementation, not challenge Interim services report could constitute compliance with the regulations Government commitment to provision Community concerns – Happy with standard laid out in interim services report. – Cf electricity Mazibuko – the difficulties of challenging policy regarding water and sanitation The indigency policy – Reserved the right to amend the notice of motion to seek to declare the policy unconstitutional and invalid – Reliance on the regulations Electricity – community concerns v litigation imperatives

Collaboration

Difficulties Community committees Information gathering – Indigency Policies – Interim services report – Extent of settlement Extensions 3, 18 and 6 – Extent of problem Number of taps Whereabouts of taps – Community structure Splitting up the community

Settlement? Settlement v litigation Municipality willingness to settle Impact of litigation on enforcement discussions Current offer: – 2 standpipes in ext 18 – 2 standpipes in extension 3 and refurbishment of existing standpipe – 6 standpipes in non- developed part of extension 6 – 7 (subject to confirmation) standpipes in developed part of extension 6 – Thereby ensuring a water supply of sufficient quality within 200 m of each residents household – 1 chemical toilet per 10 families

Lessons Collaboration – With TAC – With government Caution – With community leadership – With on the ground descriptions Enforcement of policies Issues with indigent policies