DA accepts Cape Town toilet ruling

2011-04-29 20:33

Cape Town - The Democratic Alliance on Friday accepted the finding of the Western Cape High Court in the so-called Makhaza toilet case.

"The Democratic Alliance takes note of the judgment, handed down today by Judge Nathan Erasmus, concerning the delivery of sanitation services by the City of Cape Town in upgrading the informal settlement in Makhaza," DA leader and Western Cape premier Helen Zille said.

"It was precisely because we believe communal toilets impinge on the dignity of people, that the city sought to extend sanitation services to every household within available budgets.

"Nevertheless, we accept the finding of the court. We will now move forward and continue upgrading informal settlements, within the limits of the national housing code.

"We also note the order to enclose the toilets. We have tried to do this on several previous occasions and each time enclosures were destroyed by the ANC Youth League. We will, however, try again," Zille said.

In a separate statement, the City of Cape Town said it noted the judgment and would study it in further detail.

The city said its actions throughout this matter were a genuine and bona fide attempt to upgrade and improve the sanitation facilities of this impoverished community.

"The city has always had every intention of applying the National Housing Code and ancillary legislation in this community, and will continue to do so," it said.

For its part, the SA Communist Party welcomed the ruling.

"Through the actions of the city, the DA has been exposed for its lack of moral authority on its track record of governance and delivery to our people.

"While the wealthiest and already over-serviced suburbs in Cape Town enjoy special rates area status, meaning that they are provided with extra municipal services, the DA-controlled council wants to defend its inhuman and inequitable treatment of the Makhaza community," it said.

  • OuWitBooi - 2011-04-29 20:40

    This judgement has opened the door for under-serviced communities all around the country to sue their councils for non-performance. The ANC and their YL may think they have won a battle through this one court case, but in fact they have opened themselves to a war of court cases against themselves all around the country. Let the games begin.

      PMG - 2011-04-29 20:45

      100% correct.

      Francois - 2011-04-29 20:49

      Can the DA also let the law follow its course along with the ANCYL and Comrade Bheki Cele and have the damage to property investigated and the culprits arrested?

      jontheb - 2011-04-30 00:55

      Come on DA - there must be at least 5000 similar cases that can be opened against the joke that is the ANC!

      AdriaanAdams - 2011-04-30 06:55

      read this and then comment...

      Mike@CapeT - 2011-04-30 07:45

      What is the difference between the DA and the ANC? The DA will accept (justified) court decisions that go against them. The ANC will spend thousands and millions of taxpayers money to appeal all decisions - justified or unjustified!

  • sainsaudi - 2011-04-29 20:43

    One toilet per household - the DA vision. One toilet per five households - The ANC vision. Which one is inhuman and inequitable? Which one lacks moral authority? Viva OBE Viva!

      OuWitBooi - 2011-04-29 20:50

      As Mr. Bumble said in Charles Dickens' Oliver Twist "The law is an ass."

      SaintBruce - 2011-04-30 13:35

      This ruling is fantastic for the DA and not negative in the least. Now that the court has ruled the toilets must be enclosed any attempt by the ANCYL to destroy them will result in a criminal charge. Remember, the ANCYL broke down and civilly agreed enclosures and the ones put up by the DA specifically. Secondly, the ruling ratifies the agreed process with the residents and the concept of the diginity of the community that the ANCYL tried to use fear tactics against. Of course it may well be their own supporters who 'aided' the situation in the first place. Thirdly - as sainsaudi pointed out - the DA vision has trumped over the ANC one. I find the ANCYL crowing about diginity of toilets a joke when I daily see their voters peeing in public places, which is against the laws of the land, and doing so with impunity as well as zero action from the law enforcement officers near them! Oh the spin from the politicians. You can take it both ways if you like.

  • lilo69 - 2011-04-29 20:47

    What a majorly stupid move by the DA. Come on guys (and gals) did you honestly think that people would be happy with this? Would you be? The "shadow oposition's" going to make a meal of this.

      David - 2011-04-29 20:54

      Ah again someone else who does not know the facts. It does boggle though how the ANCYL try to make it sound like they are the hero's in this. - Firstly, the entire deal started while ANC was running CT. - Secondly, the DA not only followed what was agreed in step 1 but... - They did infact begin enclosing the toilets but... - The ANCYL came and broke them down - The ANCYL then complains that it is inhumane to build them without enclosures. What a circus.

      LBS - 2011-04-29 21:13

      And they will just break it down once again!

      Gatvol - 2011-04-30 06:50

      I can only speak for myself, but I would prefer having a toilet for my own house, rather than having a communal toilet I have to share with 5 other households. I would have been quite happy to enclose the toilet myself in order to enjoy that luxury.

  • mzanzirules - 2011-04-29 20:49

    My thoughts excactly! I'm currently in the Eastern Cape on a holiday and 1 year old RDP houses, no electiricty, no running water no sanitation talk about double standards, where was Juju when Andries Tatane needed him?

  • GrimReaper10 - 2011-04-29 21:12

    Thats fine. DA do what is asked. Just enclose 1 in 5 per household of the toilets as is required. WC is still better than the rest of SA. Waiting for the rest of SA to start creating lawsuits....

  • GH - 2011-04-29 21:16

    How refreshing! The DA's PR is again spot on and timeous. Thank God it's not one of those criminal morons telling us it's an "isolated incident"!

  • lilo69 - 2011-04-29 21:18

    Ah you don't agree with the court ruling then. The DA did. Confused much.....anyways, i was just wondering, would you like to take a k8k outside in a Cape Town winter? Have a heart man....

      OuWitBooi - 2011-04-29 21:26

      lilo69 - where have you been for the last two years? Lying low and practicing your favourite number no doubt. The toilets were never intended to be unenclosed. There was a very clear agreement that the council would provide the toilets and the people would enclose them. Nobody ever intended them to be unenclosed. The toilets only became unenclosed when the ANCYL tore them down. Did you notice that the judge told the police to find out who vandalised the toilets and to prosecute them? You are either grossly dishonest or just an ignoramus. Vote ANC - they need people like you.

      piet.strydom - 2011-04-29 21:27

      @Lilo69 Can you read Boet? Your comment makes it sound like you can't. Try this:

      GrimReaper10 - 2011-04-29 21:30

      Yes you cant do that in Cape town, unlike the rest of SA. DA and WC should aim to even be better than it currently is. WC after all, can only beat itself as the current best. Maybe one day...someday...the ANC will be able to services the non-paying and paying.

      tonykzn - 2011-04-29 21:58

      @ piet.strydom Thank you for a most informative link.

      Steve Wonderboy - 2011-04-29 22:39

      @lilo69 There is none so blind as those that refuse to see. You have had 4 responses from different people, apart from the host of other comments on this forum yet you still go on. You ask if they have nothing better to do on a long weekend, yet you are here yourself? Boring? Is that the best comeback you've got? If you are going to criticize please first get your facts right, also try and talk sense.

      GrimReaper10 - 2011-04-29 23:54

      lol @ lilo69 Troll much? Welcome to the American Internet Generation. troll troll troll away...

  • GrimReaper10 - 2011-04-29 21:19

    "While the wealthiest and already over-serviced suburbs in Cape Town"? I dont understand this. I pay for my water, electricity and garbage collection. AND I dont get a FREE enclosed toilet! And I'm begin over serviced? Should City of Cape Town also not give service for pay like the rest of SA?

      lilo69 - 2011-04-30 09:57

      OMG!! Did i uncover the DA conclave or what....You-all should waste your time on things like watching re-runs of the royal wedding. Allot more exciting,I can tell you that much. News24 the only place you can defend your old school ideals. Good luck to you-all for when the ANC take Cape Town.

  • madeleine.campher - 2011-04-29 21:27

    Dear Helen Zille, I'm in absolute awe! How you manage to stay calm, responsible and most of all SANE amongst/amidst all these opposing, irrational and completely irritating bunch of crying, fingerpointing kids (apologies to all actual kids), goes beyond me! I would have been in a nice white hug-myself coat loooong ago! Thank you for doing the dirty work on our behalf and for being a truely mature, sensible leader.

      GrimReaper10 - 2011-04-29 21:37

      Well said

      Lennox - 2011-04-29 21:55

      SHe is a real beacon of hope in the current SA environment which is very gloomy to say the least. The normal reaction when one feels guilty about something you should not have done, or failed to do, is to focus on another person faults thereby shifting the spotlight. The ANC has shortchanged the masses and are being made to feel very guilty, hence the reason why they highlight this toilet issue and blame the opposition. By highlighting anothers so called faults you shift the spotlight.

      erno.v.dyk - 2011-04-29 23:26

      I agree with you 100% Madeleine! NOw, lets start by taking the ANC to court will all our might in all the other areas of this country and let us see if anything gets done.

      capetonian - 2011-04-30 08:13

      Yes, I couldn't agree more! This is the difference between mature, educated and really smart, organised and thinking leaders and the arrogancy of many ANC politicians. Their so-called leaders can only scream "racist", support the destructive and divisive policies of the kindergarden youth league, whereas the DA, and in particular Helen Zille, command a dignified presence. This behaviour will ultimately win over increasing numbers of thinking black voters. Just watch what is said and the behaviour of the thousands of "workers" attending the COSATU rally at the Green Point Stadium on Monday!!

      lilo69 - 2011-04-30 10:00

      She stays so calm madeleine, because of all the work she had done. We'll never know wether she's smiling or scowling.

  • George_III - 2011-04-29 21:34

    Kudos to the DA for accepting the ruling of the High Court. When leaders admit their errors, we know they can be trusted with our vote. As for that lot in the SACP camp, let's hear them welcome the rulings of the court against the ANC in similar cases.

  • Lennox - 2011-04-29 21:34

    The DA initially enclosed the toilets with corrigated iron sheets but the local ANCYL demolished it because they wanted brick walls. My question is that these people are living in corrigated shacks as it is, so why would you insist on having the toilets enclosed with bricks. This was all to secure political points by the ANC in the DA led constituency. The DA should look at investing in those huge metal containers you find in the Cape Town harbour as housing for these shack dwellers as it would be a lot more comfortable, especially in winter.

      capetonian - 2011-04-30 08:38

      I don't think anybody really knows the exact figures, but it is estimated that many thousands of migrants stream into the greater Cape Town metropolitan area yearly. These people need accomodation and services....the funds for providing these services can only come from ratepayers - already stretched with rising municipal and electricity bills. If the ANC Government really did its job properly, we wouldn't have economic refugee Zimbabweans (due to that that oxygen thief - Mugabe!)here, as well as Eastern Cape migrants escaping that failed Province! So, I don't see any improvement in the situation, at least until the Opposition mounts a stonger voice in other provinces. That's why we have cynical opportunists like Malema exploiting the "toilet" saga!!

      Nonyande - 2011-05-03 16:51

      These people do not live in these shacks because they want to, they have no choice, but since they also pay tax surely they are entitled to make demands like everyone else, this statement you have made is just plain stupid and can only come from someone with no brains.

  • Eric West - 2011-04-29 21:43

    Next time, don't try and be so nice to the savages, Helen - just give them the 5 enclosed toilets per 5 (or whatever) household that they are entitled to. The good old Influx Control Act should never have been scrapped. Just imagine what a wonderful place the WC would have been today without all those Xhosa squatters! By the way, if you go to Google Maps and zoom in on the squatter camp outside Viljoenskroon, you can see the hundreds of open air toilets that the ANC built.

      OuWitBooi - 2011-04-29 22:47

      It is idiot racists like this who cause the black South Africans to believe that all whites support apartheid. Fortunately they are few and far between, but very noisy. Why don't you go and live in Antarctica - I've heard there are very few Xhosas down there. And we won't have to hear your noise.

      Nonyande - 2011-05-03 16:52

      Uthetha ukunya masendakho.

  • l3mming - 2011-04-29 21:51

    i hope the DA goes to all the municipalities to sue for service delivery. It will keep the ANC busy while elections are running.

  • Steve Wonderboy - 2011-04-29 21:58

    DA:"We built ten million houses for ya'll" ANC resp:"But the toilets" DA:"We got rid of the potholes" ANC resp:"But the toilets" DA:"We made sure garbage collection worked"ANC resp:"But the toilets!" can go on but can hear the response already: "But the toilets!"

      Doublepost - 2011-04-30 13:10

      But the toilets!!!!!11111one!!111

  • Wayne - 2011-04-29 22:07

    Makes a change to hear a South African political party admitting anything. Oh I see why, it's the DA.

  • Wollie - 2011-04-29 22:09

    At least somebody is taking responsibility and not blaming somebody else.

  • william.botha - 2011-04-29 22:10

    Where have I seen this type of propaganda before? Oh yes, it was in a movie documentary called "ADIO AFRICA". Isn't it marvelous that this regression and one party state mentality is absolutely SOOO predictable.

  • lilo69 - 2011-04-29 22:27 would be a good time to paste your "most informative" link! It did wonders for me,really.

      Steve Wonderboy - 2011-04-29 22:53

      I read that most informative link myself. Why the sarcasm? Maybe she needs to start using baby words for idiots like you to understand. You know, dumb it down to your level.

      lilo69 - 2011-04-29 22:55

      who didn't like my reply? Let me explain....Goodness, my maid since birth..or..nanna as some of you'd call them/it; still works for me today and still lives under the same conditions as she did 25 yrs ago,nothing's changed....or are you-all still living in the Seventh day Adventists'Churches Childrens Bible? What planet are you people from?!...or is this where old Nats come to die?

      Justin Schonegevel - 2011-04-29 23:30

      Did you watch cutting edge last night? ,,,, Who run's Grahamstown? ANC? Who runs Eastern Cape? where is the bucket system still used? Grahamstown Eastern Cape. Why is Mapumalanga still got the lowest pass rate at school? KZN the worst water illnesses? Gauteng the worst run electricity billing processes? Free State No Coment and, Limpopo North west and Northern Cape the same thing! A common Leader ANC!

      Steve Wonderboy - 2011-04-29 23:53

      Yes, I did not like your reply. You are saying that your maid is still living under the same conditions as she did 25 years ago. Tells me you are from a very well off family, cause I've never had that luxury. Tells me that if you need someone to blame it should be the ANC as they have been in power for the last 17 years and like you said, still no change. We can only create our own reality. If you are going to live your whole life waiting on handouts you will never get nowhere. As a person I will expect the government who I pay taxes to, to do the job they are supposed to and deliver the required services. Not spend my hard earned cash on themselves for more mansions and luxury cars. I expect from myself to work for anything else I may need. No free toilets, no free houses, no free lunch period.

      GrimReaper10 - 2011-04-29 23:56

      The Troll has a maid. go figure! Pay her more then. But; Keep on trolling!

      Gatvol - 2011-04-30 07:21

      @piet.domstry, thanks for posting that link. I thought the ANC was bad, but that has now really opened my eyes. The ANC are becoming very similar in their modus operandi as Zanu PF. Now lilo69 if that doesn't get the alarm bells ringing for you I don't know what will.

  • Dumisani P - 2011-04-29 22:27

    Well done DA! take it on the shoulder and move on! Unlike the ANC who'd possibly go to court and have some high profile buddy destroy harmful evidence or make up false evidence to defend themselves at the taxpayers COST.

  • onetickie - 2011-04-29 22:30

    I agree OuWitBooi, time the ANC was given a taste of their own medicine regarding NO SERVICE DELIVERY. Why I ask myself, am I and all others who continue to pay "rates" doing so? We don't even get the very basic of services anymore so what exactly are we paying for (apart from new linings for deep pockets)?

  • Maddy-CT - 2011-04-29 23:05

    S A Communist Party of course trying to take their disingenuous dig. The Special Rates Areas they refer to are areas where the residents have agreed to pay ADDITIONAL RATES OVER AND ABOVE THE NORMAL RATES for their services. And why do they do that? Because their rates are being used to pay for the services delivered to the poor areas. So the special rates areas are in fact paying MORE than the legislated rates for services than other areas that receive services at much lower rates or free of charge. If the wealthy do not pay their rates, where would the money come from to deliver services to the poor areas, where the rates are subsidised? And as for the DA's lack of moral authority, they conveniently forget to mention the ANC's failure to deliver sanitation services in the areas they administer. The bucket toilets in Grahamstown is but one example. There are 10.5 million people without sanitation facilities across South Africa (according to Vuyiseka Dubula of the Treatment Action Campaign). And so the dirty smear campaigns continue..and the DA is guilty only of a error of judgement because they trusted a community to keep their side of an agreement. You can keep your head up, Helen Zille.

  • Justin Schonegevel - 2011-04-29 23:16

    Yes I think Grahamstown residence from last nights show should sue their council for still practicing the Bucket system! So last century

  • hermannb - 2011-04-30 00:45

    Die ANC het op sy eie hakskene geskyt. They will now have to clean up their own backyard.It is a pity that they even make a racist out of crap.But I salute them for pushing through, insisting that everybody should have an enclosed dumpster, after all, one can pick up a bit of a draft in the nether region.Lets hope that ALL the ANC controlled Municipalities starts bricking up those hot metal loo's. It is going to costs the ratepayer a brick and a half. I presume those ratepayers are all from overserviced areas.

  • Ralph Long - 2011-04-30 01:36

    Stank vir dank. Well, I guess the DA has learnt something from this case. Never give ANC supporters something for nothing, don't try to improve their living situations by giving them a hand and giving them at least something to start with. They are incapable of comprehending that the DA was trying to help them and getting them to at least put something into it themselves without expecting EVERYTHING for free. What an entitled lot they think themselves. The only words they know is 'we want, we want' nothing about 'we will work for'. Oh, well, we all know the story of the Goose that laid the Golden Egg, and the ANC inherited that goose but pretty soon that goose is going to die and they will be left wallowing in poverty and echoing the words ' we want' to the so-called imperialistic, racist and colonialist West they all claim to despise yet strive so earnestly to emulate. Breitling watches, Ferraris etc. Watch this space and you will see I am right. The saddest part is the very people the DA tried to help will be the ones that suffer the most, but guess what? They will still put their X next to the ANC candidate.

  • djg - 2011-04-30 07:02

    gedog daar's 'n drol in die drinkwater........die da maak en die ancyl breek

  • olismas - 2011-04-30 08:25

    I'v decided never to read the comments people make on news24, 99.9% of comments are unbelievably negative.

  • PantheraLeo - 2011-04-30 09:35

    It is great to see that Helen can take the punch and keep standing, so well done on her part. She alone is a reason to go vote and put your cross next to the DA. It was also visionary of the DA to try and give each household their own toilet and allow them to enclose them. The problem is that they should have forseen that some households would not enclose their toilets and therefore would later demand for them to be erected by DA, which was not was agreed on by the community! Where is the rest of the community to come and say thank you DA for giving us our own toilets and we have all enclosed our own toilets, and we feel ashamed that some of our neighbours demanded more! The DA must not be so naive at times. They are doing a great job but they need to include in their formula the ridiculous ingredient of what the ANC will publicise as fact or nonsense, and how easily the majority of the people will screamm Viva ANC Viva, when later that same day they will complain to each other about the services that the ANC provide them! The DA needs to break away from the majority's view point that the DA is a white party, and I can guarentee that this toilet saga has instilled the white party name tag for a lot of people that could have been potential DA supporters. The DA must wake up and not make these stupid mistakes, and how coincidental is the timing of the ruling of this court case - a couple of weeks before election day. How freaking beautiful can that be for the ANC!!

  • Lew - 2011-04-30 09:40

    Toliets were built and torn down by radicles.At least they were enclosed but no! - these political A.N.C.junkies had other ideas.

  • Madelane - 2011-04-30 11:56

    SACP talking about moral authority....the pot attempting to call the kettle black. Pathetic and childish.

  • tokoloshe - 2011-04-30 16:10

    You Rock Hellen!!!!!!!!!!!! Let those corrupt ANC babies fight pathetic toilet issues in court while you stay focused on the important stuff! You make the people of South Africa Proud and Soon you will be president where this beautiful country will then finally turn around for the good! Keep up the the good work you legend!!!!

  • stratford.canning - 2011-05-01 19:30

    I refer to the statement by the SA Communist Party regarding special rates areas. Again they are misinforming the public. It is not a DA initiative, but one that comes from Central Government (read ANC) who promulgated the relative legislation governing SRA's. All the funding of an SRA comes from the members of the community that it serves and not from the Municipality. SRA's do not only operate in Cape Town but in other parts of South Africa as well and in areas controlled by the ANC such as Johannesburg. So I ask the Communist Party to be honest in their statements and to establish the true facts before publishing misinformation. However I fear hat this will not be the case.

  • Mike - 2011-05-01 20:58

    This is outrageous. This is the same "Judge" Erasmus appointed by the ANC to conduct a witch-hunt and smear campaign against the DA, and whom the DA referred to the JSC for censure. How the hell can be be sitting in judgment on the DA in an obviously political case. Don't judges recuse themselves anymore? Don't judges have a shred of honour any more. FIRE ERASMUS IMMEDIATELY.

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