Land Justice
1Min
South Africa
Nov 26, 2025
The SAHRC commission has released a damning report against unfair and discriminatory practices by the Department of Water and Sanitaion over its race-based lease agreements.This report has issued a clarion call for urgent action by the authorities to ensure equitable access to land and resources.
The South African Human Rights Commission (SAHRC) has called out the racial and gender-related inequalities within the Department of Water and Sanitation (DWS), following the conclusion of an investigation into land lease allocations around the Hartbeespoort Dam.
On Wednesday, the commission's findings revealed that centuries-old racial and gender biases are still deeply embedded in the processes governing these allocations.
The investigation was sparked by a complaint from the Hartbeespoort Dam Development Initiative, which highlighted the exclusion faced by black applicants.
According to the group's findings, only two black applicants have been awarded rights to occupy land along the picturesque shores of the dam over the past decade, a troubling statistic that underscores the barriers still faced by historically disadvantaged communities.
The SAHRC’s inquiry confirmed serious deficiencies within the DWS’s leasing protocol. During the investigation, the Department admitted to instances of unfair discrimination in land occupancy but attributed these oversights to historical trends predating democracy in South Africa.
However, the commission held firm, stating that the Department’s failures to rectify these issues are unacceptable.
Commissioner Tshepo Madlingozi castigated the department over these disparaties saying:“That’s the headline finding, that the Department of Water and Sanitation failed to address the gender and racial disparities.”
He explained that the DWS’s inaction constitutes a violation of the fundamental right for all individuals to benefit equally from the law.
Furthermore, the commission found the DWS in breach of several provisions of the Promotion of Equality and Unfair Discrimination Act, emphasising that the state is not only accountable for discriminatory actions but also for neglecting to act on existing disparities.
“Unfair discrimination is not only because of commission; the courts have been very clear that unfair discrimination also exists where there is omission,” added Madlingozi, underscoring the gravity of the situation.
The report has indicates that without prompt intervention, the spectres of the past will continue to haunt the present, impeding the nation’s progress towards an equitable future.
In September, the SAHRC announced that it will be launching four reports that highlight human rights work and issues across the country. The reports are informed by the Commission's ongoing research, monitoring activities, and data received from organs of state.
