classification of municipal services
In December 2020, the High Court in Mahikeng, the capital of South Africa’s North West
Province, made a controversial order after finding that the Kgetlengrivier Local
Municipality was in breach of its legal obligations. The municipality had failed to deliver
water and sanitation. It had also failed to prevent environmental pollution in the towns
of Koster and Swartruggens. The court issued an interim order that the municipal
manager be jailed for 90 days, unless the municipality urgently restored water services
and stopped sewage flowing into the local rivers. It also ordered that, unless the
municipality acted quickly, a local residents’ association could take control of the water
and sewerage systems. The state would then have to pay the residents for doing the
municipality’s job. Shortly afterwards, the residents took over delivery of water and
sanitation and managed to restore both systems to working order. The municipality
strongly objected to the take-over. But, in January, the court sided with the residents
and endorsed their control of the services. The remedies in the judgment were radical
and unusual but received positive press. Even the national government departments
cited in the case seemed to agree that drastic action was necessary. They indicated that
they would abide by the court’s decision.
ASSIGNMENT QUESTION
Discuss the classification of municipal services and using the above article as reference
analyse which services the Kgetlengrivier Local Municipality failed to provide. Motivate
your answer with inferences of the Municipal Systems Act.
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