Commissioner Tshepo Madlingozi
The South African Human Rights Commission says Madibeng Municipality’s failure to enforce noise, planning and lease regulations worsened racial tensions at Hartbeespoort Dam. Black and female applicants were repeatedly excluded from leases, fuelling mistrust and social divisions.
The South African Human Rights Commission has found that systemic failures by the Madibeng Local Municipality played a significant role in heightening racial tensions among business owners and residents around Hartbeespoort Dam. The investigation revealed that black and female applicants were consistently excluded from land‑lease allocations along the dam, while predominantly white occupants retained prime sites.
Commissioner Tshepo Madligozi said the municipality’s shortcomings extended beyond poor governance. Although both the municipality and the Department of Water and Sanitation acknowledged weak leadership and instability, their failure to enforce noise, environmental and building by‑laws exacerbated economic exclusion and social division. Permits, known as Permissions to Occupy (PTOs), were sometimes revoked without due process, violating constitutional rights to fair administrative action.
Residents reported that the municipality’s inaction effectively acted as a gatekeeping mechanism: requests from black applicants were often ignored or rejected, while white occupants continued operating, sometimes without valid licences. Women, particularly black women, were disproportionately affected, highlighting systemic racial and gender bias.
Lax enforcement of by‑laws also created selective pressure against black-owned businesses, while white residents frequently complained about poor overall enforcement, intensifying resentment across racial lines.
SAHRC has ordered Madibeng Municipality to publish all outstanding by‑laws, submit a detailed enforcement plan, and provide transparent records of planning and licensing applications within 90 days. The Department of Water and Sanitation must finalise its lease policy, review revoked PTOs, and reinstate valid leases where appropriate, alongside a transformation plan addressing past inequities.
The commission’s findings demonstrate how administrative neglect and biased governance can deepen inequality, erode trust, and divide communities. Madibeng now faces the dual challenge of reforming its administration and rebuilding public confidence in Hartbeespoort.
