, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
Answer 1
Introduction
Residents of Extension 39 informal settlement, located along the N14 Highway near Johannesburg
CBD, are facing severe challenges with the lack of basic services such as electricity, clean water,
sanitation, and waste management. Despite promises by the local municipality in 2021 to provide
bulk infrastructure through the Municipal Infrastructure Grant (MIG), the community remains
deprived of these essential services, leading to frustration and protests. This situation brings to the
forefront the role of local government in the realisation of residents' constitutional rights to basic
services, as enshrined in South Africa's Constitution.
The Right to Basic Services and Access to Adequate Housing
The right to basic services, including water, sanitation, electricity, and housing, is enshrined in the
Constitution of South Africa. Section 27(1)(b) of the Constitution guarantees the right of everyone to
have access to sufficient food and water, as well as to adequate housing and social security. The state,
including local government, is obligated to take reasonable measures to ensure that these rights are
progressively realised.
The Grootboom case (2000) established that the state has an obligation to provide access to housing
and services, particularly for the most vulnerable communities. In this case, the Constitutional Court
affirmed that municipalities must take reasonable and adequate steps to meet the needs of
disadvantaged populations, with a focus on ensuring that service delivery plans address the most
urgent needs of communities1. Therefore, the failure of the local municipality to implement promised
infrastructure for Extension 39 constitutes a breach of residents' rights as outlined in the Constitution.
Local Government’s Role in Service Delivery
Local government has a critical role in the delivery of essential services. Section 156 of the
Constitution grants municipalities the authority and responsibility to provide services within their
jurisdictions, including the delivery of water, sanitation, waste management, and electricity.
According to the Local Government: Municipal Systems Act (2000), municipalities must provide
these services in a manner that is equitable, accessible, and sustainable, ensuring that residents can
enjoy a reasonable standard of living.
The failure to implement the bulk infrastructure project in Extension 39, despite receiving MIG
funding, indicates a breach of this responsibility. The Local Government: Municipal Structures Act
(1998) outlines the administrative and service delivery structures of municipalities, which are
required to ensure that services are rendered effectively. The lack of progress in Extension 39
highlights a failure in both governance and accountability.
1: Grootboom v. Government of the Republic of South Africa (2000) 1 SA 46 (CC).
Answer 1
Introduction
Residents of Extension 39 informal settlement, located along the N14 Highway near Johannesburg
CBD, are facing severe challenges with the lack of basic services such as electricity, clean water,
sanitation, and waste management. Despite promises by the local municipality in 2021 to provide
bulk infrastructure through the Municipal Infrastructure Grant (MIG), the community remains
deprived of these essential services, leading to frustration and protests. This situation brings to the
forefront the role of local government in the realisation of residents' constitutional rights to basic
services, as enshrined in South Africa's Constitution.
The Right to Basic Services and Access to Adequate Housing
The right to basic services, including water, sanitation, electricity, and housing, is enshrined in the
Constitution of South Africa. Section 27(1)(b) of the Constitution guarantees the right of everyone to
have access to sufficient food and water, as well as to adequate housing and social security. The state,
including local government, is obligated to take reasonable measures to ensure that these rights are
progressively realised.
The Grootboom case (2000) established that the state has an obligation to provide access to housing
and services, particularly for the most vulnerable communities. In this case, the Constitutional Court
affirmed that municipalities must take reasonable and adequate steps to meet the needs of
disadvantaged populations, with a focus on ensuring that service delivery plans address the most
urgent needs of communities1. Therefore, the failure of the local municipality to implement promised
infrastructure for Extension 39 constitutes a breach of residents' rights as outlined in the Constitution.
Local Government’s Role in Service Delivery
Local government has a critical role in the delivery of essential services. Section 156 of the
Constitution grants municipalities the authority and responsibility to provide services within their
jurisdictions, including the delivery of water, sanitation, waste management, and electricity.
According to the Local Government: Municipal Systems Act (2000), municipalities must provide
these services in a manner that is equitable, accessible, and sustainable, ensuring that residents can
enjoy a reasonable standard of living.
The failure to implement the bulk infrastructure project in Extension 39, despite receiving MIG
funding, indicates a breach of this responsibility. The Local Government: Municipal Structures Act
(1998) outlines the administrative and service delivery structures of municipalities, which are
required to ensure that services are rendered effectively. The lack of progress in Extension 39
highlights a failure in both governance and accountability.
1: Grootboom v. Government of the Republic of South Africa (2000) 1 SA 46 (CC).
