SAHRC finds racial discrimination in Harties

JOHANNESBURG - The South African Human Rights Commission (SAHRC) has found that racial and gender discrimination exists at the Hartbeespoort Dam. 

It also found that the Water and Sanitation Department (DWS) and Madibeng Municipality's administrative incompetence in processing lease applications and by-law enforcement is exacerbating the matter. 

These findings come after investigations following complaints from community members and business owners alleging that DWS had, for years, allocated state-owned land along the shoreline of Hartbeespoort Dam in a manner that unfairly discriminated against black applicants. 

Complaints were also raised about noise pollution and lack of enforcement of planning, building and environmental by-laws and regulations

Failures by both the department and the municipality, according to the commission, worsened racial tensions between black and white residents and business owners in Hartbeespoort.

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The commission issued directives for both the department and the municipality. 

DWS was instructed to adopt the revised lease policy and amend the related regulations within 180 days. 

Additionally, develop a comprehensive transformation plan to address historical exclusion within 180 days, at the same time revoke PTOs (Permission to Occupy) within 90 days and reinstate where appropriate.

For the municipality, among other directives was that within 90 days they are expected to provide a disaggregated record of all planning, building and business licence applications and a 180-day plan to clear backlogs.

The commission says its directives are essential to address entrenched exclusion and restore trust in public institutions. 

If the department and municipality fail to comply, legal action may be taken against them.

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